EXECUTIVE ENGINEER JAMMU MUNICIPALITY Vs. INDERJEET SINGH

JUDGEMENT

(1.) AT the out set Mr. Nanda learned counsel for the appellant submits that this appeal has been wrongly styled as L.P.A. and that it is an appeal under S.39 of the Arbitration Act and that it be so treated. We grant the prayer.

(2.) THIS appeal is directed against the order of the learned single Judge in Arbitration Application No. 150 of 1981 dt. April 8, 1987 and has arisen in the following circumstances :- Respondent No. 1, who though served in this appeal is absent, filed a petition under S.20 of the Arbitration Act seeking direction from the Court to the respondents in the application to file arbitration agreement in the court and to refer the dispute between the parties to the sole arbitrator. Objections were filed and besides other objections it was stated on behalf of the appellant that there was no arbitration agreement in existence between the parties and, therefore neither the arbitration agreement could be directed to be filed in the court nor the dispute referred to any arbitrator.

(3.) THE respondent was directed to lead evidence first. But it transpires that on 20th Dec. 1985, the parties submitted before the learned single Judge that they did not wish to lead evidence and the case was, therefore, listed for hearing. Vide order impugned in the appeal, the application under S.20 of the Arbitration Act was allowed and a direction was issued referring the dispute to the Chief Engineer Public Health Engineering Department, Jammu.