STATE OF PUNJAB Vs. ASHWANI KUMAR

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order passed by the learned trial Court on 10.7.1994 revoking the authority of the Arbitrator appointed by the petitioner in terms of Clause 25 of the agreement and appointing another Arbitrator other than the named Arbitrator in the agreement as well as against the order passed by the learned first Appellate Court, holding that the appeal is not maintainable.

(2.) LEARNED counsel for the petitioner has argued that without going into the question whether the appeal was maintainable before the learned first Appellate Court or not, this Court may examine the legality and validity of the order passed by the learned trial Court on 30.7.1994. In any case, if the appeal is not maintainable, the said order is still subject matter of challenge before this Court in the revision petition.

(3.) THE respondent sought the intervention of the Civil Court vide an application under Section 20, 5 and 8 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') to adjudicate the matter in dispute. The learned trial Court found that as per Clause 25 of the agreement, all disputes between the parties are to be referred to Superintending Engineer of National Highway, Circle Public Work Department (Buildings and Roads Branch) Amritsar, but found that Shri B.S. Bajwa, present Superintending Engineer, NH Circle PWD, Amritsar cannot be appointed as Arbitrator on the ground of alleged bias. Thus, the learned trial Court ordered the appointment of an Arbitrator superior to the rank of Superintending Engineer so that interest of justice would be met and consequently appointed Shri L.B. Rai, Chief Engineer, Punjab, PWD (B&R), Patiala, as an Arbitrator.