CENTRAL COALFIELDS LTD Vs. ASHOK TRANSPORT AGENCY

JUDGEMENT

(1.) DEFENDANT is the petitioner against the order of the trial Court refusing to exercise power under S.41 of the Arbitration Act, 1940 (for short 'the Act') to direct the Arbitrator to frame issues.

(2.) IN Money Suit No. 8 of 1984 filed by the plaintiff opposite party alleging breach of contract embodied in a written agreement which also contained a clause for arbitration, the defendant petitioner filed an application under S.34 of the Act for stay of the suit. Although the application was not pressed, on the application of both parties under S.21 of the Act for referring the matter to an Arbitrator. Shri Chintamani Mohapatra, retired District Judge, was appointed as the Arbitrator.