ADVANCE GOODS CARRIERS Vs. J&K STATE

JUDGEMENT

(1.) THIS civil revision petition emanates from the order passed by the learned District Judge, Jammu on March 26,1997 disposing of the application filed by the petitioner before that court for reference of dispute to the arbitrator and the request was made that the dispute may not be referred to the named arbitrator in the agreement for the reasons recorded in the application, but the contention of the petitioner was to remove the named arbitrator and to refer the dispute to an independent arbitrator. The learned District Judge after hearing the parties found that the dispute is existing between the parties, so he referred the dispute to the named arbitrator. The operative portion of the impugned order reads as under: - "The petitioner, however, has asked for the appointment of independent arbitrator instead of referring the matter to named and designated arbitrator under the agreement. I am afraid that the petitioners contention under these provisions cannot be considered at this stage as reference is yet to be made to the arbitrator under the agreement and that contingency is still to come.

(2.) THIS order has aggrieved the petitioner only to the extent that the matter has not been referred to an independent arbitrator and no finding has been given by the trial court. He has contended that he mentioned all the grounds in the application for referring the matter to an independent arbitrator, but instead the learned District Judge has referred the matter to the named arbitrator. His prayer is that the order be set -aside and the dispute be referred to an independent arbitrator. This contention is resisted by the other side on the ground that the petitioner cannot make composite application under sections 8 and 20 of the Arbitration Act.

(3.) HEARD the learned counsel for the parties.