STATE OF HARYANA Vs. BANARAI DASS

JUDGEMENT

(1.) Clause 25-A of the Agreement No. 4 of 1973-74 executed between respondent Banarsi Dass Contractor and the Governor of Haryana reads :

(2.) The respondent-contractor moved the Chief Engineer in terms of the clause aforesaid and Shri M.K. Aggarwal, the then Superintending Engineer (who is now Chief Engineer) was appointed as arbitrator. The appointment of Shri M.K. Aggarwal as such was cancelled by this court while disposing of C.M. No. 4307 of-1986 filed in Civil Revision No. 1198 of 1982. It was further directed in the civil miscellaneous aforesaid that the parties may apply for appointment of the arbitrator to the court in whose jurisdiction the cause of action arose.

(3.) Contractor Banarsi Dass moved the learned trial court for the appointment of an arbitrator. Vide this assailed order dated January 18, 1988, the learned trial court appointed Shri M.R. Verma, Superintending Engineer, Irrigation, as arbitrator. The State of Haryana has come up in revision against this order and is wanting that the operation of the assailed order may be stayed and direction may be issued to the Chief Engineer for appointing another arbitrator in terms of clause 25-A of the agreement aforesaid.