JAI DRINKS PVT LTD Vs. MAGANBEHARILAL

JUDGEMENT

(1.) THIS revision application is directed against the order of the learned District Judge, Jaipur City dated 8. 4. 1970 whereby the application dated 2-4-1970 filed by the petitioner M/s. Jai Drinks Private Ltd. , for revoking the appointment of Shri J. R. Bhalla as an umpire was dismissed.

(2.) THE non-petitioner entered into an agreement with the petitioner for constructing a factory for the latter, and it was provided in the agreement dated 3-5-1966 that all the disputes and differences arising in connection with the contract would be referred for decision to a single arbitrator or two arbitrators, one to be appointed by each party and the arbitrators so appointed would before taking upon themselves the burden of reference, appoint an umpire. Certain disputes, having arisen between the parties, notices were exchanged between them to appoint arbitrators as provided in the agreement, but that having not been done the non-petitioner Magan Behari Lal filed an application under sec. 20 of the Indian Arbitration Act in the Court of District Judge, Jaipur City on 20-3-1969 praying that the petitioner be directed to file the arbitration agreement in the Court and that the disputes arising between the parties be referred to arbitration as provided in the arbitration agreement.