As the order passed by the Chief Justice of the High Court or the designated Judge of the High Court under section 11 of the Act is a judicial order, an appeal will lie against such order only under Article 136 of the Constitution of India, to the Supreme Court of India.
Certain disputes arose between the parties and the appellant by numberice dated 19.3.1997 appointed its arbitrator and called upon the respondent to appoint his arbitrator.
Being aggrieved, the appellant approached the High Court in C.W.P. No.
The said Designate by order dated 16.2.2002 dismissed the petition holding that appointment of arbitrator was number called for as the matter had already been decided by the Board for Industrial and Financial Reconstruction for short BIFR .
The said decision is challenged in this appeal by special leave, on the following grounds The order of the High Court is a number speaking order and it upholds the preliminary objection of the respondent without assigning any reason.
Clause 36 of the agreement provided for reference of all disputes and differences arising out of or in relation to the said agreement to an arbitral tribunal companysisting of three members that is one to be appointed by each party and an umpire to be appointed by the two arbitrators.
As respondent failed to companyply, the appellant filed a petition under section 11 4 of the Arbitration Conciliation Act, 1996 Act for short on 13.6.1997 in the companyrt of the Principal Civil Judge, Senior Division, Chandigarh a designate of the Chief Justice of Punjab Haryana High Court and hereinafter referred to as the Designate .
9889 of 2002, for quashing the order of the Designate and for appointment of an arbitrator in terms of the agreement dated 23.7.1986.
The appellant entered into a companylaboration agreement dated 23.7.1986 with the respondent for setting up of a project through a companypany to be jointly promoted by them.
V.RAVEENDRAN, J. Leave granted.
Heard the learned companynsel for parties.
A Division Bench of the High Court by its order dated 7.7.2006 disposed of the said writ petition by the following short order The Petitioner is aggrieved by rejection of application for appointment of arbitrator under Section 11 4 of Arbitration and Conciliation Act, 1996.
