UNION OF INDIA (UOI) Vs. BANKA BEHARI DAS

JUDGEMENT

(1.) OPPOSITE party (hereinafter referred to be as the contractor) is a contractor under the Petitioner. Two agreements were executed on 25 -3 -1960 for execution of certain construction work. Disputes and differences having arisen on the claims of the opposite party, he filed an application under Section 8 of the Indian Arbitration Act, 1940 (hereinafter referred to be as the Act) for appointment of an Arbitrator by the court to adjudicate those differences. The learned Subordinate Judge allowed the application and ordered that an Engineer is to be appointed as Arbitrator to adjudicate differences which have arisen between the parties to the Arbitration Agreements. The civil revision has been filed against this order.

(2.) THERE is no dispute that Conditions 62 and 63 of the Agreement relate to settlement of disputes between the parties by arbitration. Condition 63, Clause (3)(a)(ii) is relevant and may be quoted.