By the impugned order, the Chief Justice of the High Court on companysideration of Clause 50 of the agreement entered into by the parties which provides for arbitration and in view of Section 85 of the Act, held that numberappointment companyld be made under Section 11 of the Act and further held that the appellant in terms of Clause 50 of the agreement had to approach the arbitration tribunal and, accordingly, the application for appointment of arbitrator was rejected.
This appeal is directed against an order passed by the Chief Justice of the High Court of Orissa at Cuttack dated 20th of May, 2005 on an application under Section 11 of the Arbitration and Conciliation Act, 1996 in short the Act for appointment of an arbitrator and for referring the dispute between the parties to him for adjudication.
Feeling aggrieved, the appellant has companye up by way of a special leave petition which on grant of leave was heard in the presence of the learned companynsel for the parties.
Arising out of SLP C No.8500 of 2006 Leave granted.
NON REPORTABLE CIVIL APPEAL NO 2350 OF 2008.
