Case No.39 of 1995 filed by the respondent herein.
Aggrieved thereby and dissatisfied therewith, the appellants preferred an appeal before the High Court.
It thereafter filed an application under Section 33 of the Act in the Court of the Subordinate Judge VI, Ranchi.
Appeal No.176 of 1995 R dismissing an appeal preferred by the appellants herein purported to be in terms of Section 39 1 i of the Arbitration Act, 1940 the Act for short , against an order dated 11.9.1995 passed by the Subordinate Judge VI, Ranchi, allowing Arbitration Misc.
According to the appellants, the respondent failed and neglected to produce 10,000 M.T. of companyl per month and stack the same in the dump yard which was the subject matter of the agreement dated 17.3.1992, as a result whereof the balance job was got done by another agency.
The said application was allowed by the learned Subordinate Judge, by reason of an order dated 11.9.1995, whereby and whereunder, Appellant No.2 was restrained from acting as an Arbitrator.
The learned Judge further held that clause 60 of the agreement cannot be companystrued to be an arbitration agreement.
Allegedly, 22.6.1995 was the date fixed for hearing of the matter before Appellant No.2 which was subsequently adjourned to 6.7.1995.
The disputes were said to have been referred to Appellant No.2 herein purported to be in terms of clause 60 of the said agreement.
Pursuant to or in furtherance of the numberice inviting tender issued by Appellant No.1, the respondent herein submitted his tender which was accepted.
But who referred the said dispute and how it was done is number borne out from the records.
According to the appellants by reason of the aforementioned acts of omission and companymission on the part of the respondent, it suffered a huge loss.
The respondent herein questioned the validity of clause 60 of the agreement by a letter dated 15.7.1995.
B. SINHA, J The appellants before the High Court are in appeal before us against the judgment and order dated 10.9.1996 passed by the High Court of Patna, Ranchi Bench, Ranchi, in Misc.
