LAWS(PAT)-2000-10-36

THAKUR PRASAD SINGH Vs. STATE OF BIHAR

Decided On October 30, 2000
THAKUR PRASAD SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD the parties. This revision application is directed against order dated 21.9.1999, passed by District Judge, Gopalganj, in Misc. Case No. 58 of 1999. In respect of an agreement between the parties, certain dispute arose, reference whereof was made to the opposite party no. 2 herein, who was named arbitrator in the agreement, who did not enter upon the reference within the stipulated period. Having failed to pursuade the said arbitrator, petitioner resorted to the provisions of Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act ') and filed an application before the District Judge, Gopalganj. By impugned order learned District Judge was pleased to return the said application as it was not maintainable before him and directed to frame the suit properly and filed the same in the court of competent jurisdiction. Aggrieved by the said order, petitioner has filed the present revision application.

(2.) IN similar circumstance, petitioner had filed two more applications under Sections 14 and 15 of the Act, which were registered as Misc. Case Nos. 30 and 40 of 1999 before the District Judge, Gopalganj. By order dated 30.8.1999 those cases were disposed of. Those two applications were also returned with a direction to frame the suit properly and to file before the court having competent jurisdiction.

(3.) matter. This revision application is fully covered by the said decision. It is, accordingly, dismissed.