JOGINDER SINGH AND COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) -This is an appeal filed by M/s. Joginder Singh and Company hereinafter described as "the appellant", directed against the order passed by the learned Sub Judge 1st Class, Amrit'sar, dated 21.5.1979. By virtue of the impugned order, learned trial court dismissed the application filed by the appellant under Section 20 of the Indian Arbitration Act, 1940 (for short "the Act").

(2.) Relevant facts are that the appellant claimed that there was an agreement between the parties dated 12.2.1975. The appellant was appointed'as a contractor for unloading, dumping of coal, cake, and cinders from the wagons into open trucks, box type wagons or into the bins. The agreement was fo'r a period from 1.1.1975 to 31.12.1975 at Amritsar shed The appellant has performed his duties to the best of his capacity in accordance with the agreement. A dispute arose between the parties and in accordance with the arbitration clause, he requested for appointment of the Arbitrator. The appellant even served a notice on 8.9.1977 and 19.9.1977 for reference of the dispute to the Arbitrator but it had no effect. Therefore, an application under Section 20 of the Act had been filed.

(3.) In the reply filed, respondent-Union of India contested the claim. It was contended that the petition is liable to be rejected...There was no valid and subsisting arbitration agreement between the parties and that the appellant is estopped from filing the petition.