MOHD AYYUB Vs. BALLARPUR INDUSTRIES LTD

JUDGEMENT

(1.) The challenge in the present revision petition is to the order dated 12.8.1997, passed by the learned trial Court, whereby an application for revoking the authority of an Arbitrator appointed by respondent no.1 in terms of the agreement between the parties, was declined.

(2.) The petitioners have entered into an agreement for purchase of food crops for the period 1.4.1983 to 31.3.1997. It is the case of the petitioner that the title of respondent no.1 in the orchard was defective and there was litigation, therefore, the petitioner withdrew their labourers as they have been involved in criminal cases. Since respondent no.1 demanded balance payment, the same was objected to by the petitioner as not payable. Therefore, the dispute between the parties was earlier referred to Shri Shyam Lal Garg, Advocate and subsequently to Shri B.S. Anand, Advocate.

(3.) The grievance of the petitioner is that as the arbitrator has been appointed unilaterally by respondent no.1, therefore, the authority of the arbitrator so appointed by respondent no.1 be revoked. Clause 18 of the agreement contained the arbitration clause, which reads as under:-