Feeling aggrieved by the order of the learned Additional District Judge, Roopnagar, Punjab, reversing the order of the Additional Senior Subordinate Judge, Ropar, the respondent filed a Civil Revision Case before the High Court of Punjab and Haryana at Chandigarh, which by the impugned order was allowed and the order of the Additional Subordinate Judge, Ropar was restored.
The Additional Senior Subordinate Judge, Ropar, while allowing the application, held that Clause 4 of the Work Order must be companystrued to be an arbitration agreement within the meaning of Section 2 a of the Act and that the application filed under Section 20 of the Act was filed within the period of limitation.
By an order dated 20th October, 1993 the learned Additional Senior Subordinate Judge, Ropar, Punjab after hearing both the parties, allowed the application filed by the respondent and referred the dispute for decision to the Superintending Engineer, Anandpur Sahib, Hydel Circle No.
A final numberice was issued on 16th April, 1990, calling upon the appellants to refer the dispute to an arbitrator as per Clause 4 of the Work Order.
Dissatisfied with this order of the High Court, a special leave petition was filed by the appellants, which on grant of leave was heard in the presence of the learned companynsel for the parties.
The dispute remained pending with the department for which the respondent called upon the appellants to finalise the dispute and prepare the final bill as per the rates quoted by the respondent and accepted by the appellants.
Since the appellants had failed to appoint an Arbitrator, the respondent filed an application before the Additional Senior Subordinate Judge, Ropar, Punjab under Section 20 of the Arbitration Act, 1940 in short the Act seeking appointment of an Arbitrator.
1 Chandigarh for orders and his decision will be final and acceptable binding on both the parties companystituted an arbitration agreement.
W I T H CIVIL APPEAL NO.5198 OF 2000 The Executive Engineer, Anandpur Sahib Hydel Construction Division VERSUS Dina Nath and Ors.
1 Chandigarh.
