HARYANA STATE Vs. RADHEY SHAM CONTRACTOR

JUDGEMENT

(1.) THIS revision petition is against the order of Sub Judge 1st Class, Hissar, dated 10 10. 1991, whereby the petitioners application under Section 8 (1) (b) of the Arbitration Act for appointment of an arbitrator has been dismissed.

(2.) BRIEFLY put, the petitioner filed an application under Section 8 (1) (b) of the Arbitration Act to appoint an arbitrator through the Court. It was pleaded that the matter was earlier referred to an arbitrator who, however, could not announce the award within the prescribed period of four months and thus applied for extension of the time. The arbitrator withdrew the application for extension of time and consequently the same was dismissed vide order dated 25. 2. 1985. In these circumstances, the petitioner prayed that another arbitrator be appointed.

(3.) THE respondent put in appearance and raised the objection with regard to the maintainability of the petition. On merits, it was stated that the present dispute intended to be referred to the abritrator was, in fact, cooked up after the payment of the final bill and thus prayed that, in fact, there is no dispute to refer to an arbitrator. The respondent specifically pleaded that in view of want of notice in terms of Section 8 (1) (c) of the Arbitration Act, the present petition is not maintainable.