STATE OF M.P. Vs. CHANDY & COMPANY

JUDGEMENT

(1.) M /s. Chandy & Company, Civil Lines, Datia through its Managing Partner John Chandy filed an application, under Section 8 of the Indian Arbitration Act, 1940, on 2.11.1982 praying for the appointment of the Arbitrator to determine the dispute between the applicant and the non -applicants/the State of M.P., the Secretary, P.W.D., Government of M.P., the Engineer -in -Chief, P.W.D. (Buildings and Roads), the Superintending Engineer P.W.D. (Buildings and Roads) Circle No. 1, Gwalior and the Executive Engineer P.W.D. (Buildings and Roads), Division Datia and to refer the dispute for arbitration as the non -applicants had failed to appoint an Arbitrator.

(2.) ON 9.7.1983, M/s. Chandy and Company moved an application (I.A. No. 1) under Order 6, Rule 17, Civil Procedure Code praying for permitting to amend the application filed under Section 8 of the Arbitration Act. Under the proposed amendments, in the title of the case after Section 8, Section 20 was sought to be added. In the prayer clause, another relief to the effect "and further a reference of the dispute be made to the appointed Arbitrator" was sought to be added.

(3.) THE trial Court however vide its cyiptic order dated 7.9.1983 allowed the said application without assigning any reason subject to payment of costs of Rs. 25/ -.