LAWS(ORI)-1984-1-13

BANAMALI CHARAN MOHANTY Vs. KAMALADEBI SAHA

Decided On January 23, 1984
BANAMALI CHARAN MOHANTY Appellant
V/S
KAMALADEBI SAHA Respondents

JUDGEMENT

(1.) THE simple question involved in this Revision Petition is, whether on removing the Arbitrator appointed by a party the Court is legally bound to ask the concerned party to nominate another person to replace the Arbitrator removed and is the Court bound to appoint the said nominee of the party.

(2.) THE facts giving rise to the petition, shortly stated, are that the petitioner and the opposite parties constituted a partnership firm under the name and style of "Modern Construction Company" as evidenced by a Deed of partnership. THE arbitration clause (Clause 16) in the said Deed is to the following effect.'-