Disputes and differences having arisen between the parties, the respondent herein filed an application under Section 20 of the 1940 Act in the Court of the Civil Judge, Dehradun for appointment of an arbitrator relying on or on the basis of a purported arbitration agreement companytained in clause 34 of the aforementioned companytract.
The respondent herein, inter alia, pleaded That as per clause number34 of companytract bond all disputes between the parties arising under the companytract, arbitrator is to be appointed by Managing Director of the Defendant Corporation.
The said finding was arrived at despite the fact that the respondent herein had filed an application for amendment of the said petition.
The said suit was marked as O.S. No.290 of 1991.
The parties hereto had entered into an agreement on or about 11.4.1988 as regard certain civil works in an unit belonging to the Appellant herein.
The plaintiff has written so many letters to the M.D. and Secretary of Corporation for appointment of Arbitrator but they did number pay any attention and have number appointed any Arbitrator so far, so the plaintiff is entitled to get the appointment of Arbitrator from the Court.
Arising out of SLP C No.4459 of 2004 B. SINHA, J Leave granted.
As it appears from the judgment of the learned Civil Judge, that the respondent herein had admitted that it failed to make necessary averment in the plaint as regard registration of the firm inadvertently and the application for amendment has been filed having regard to the companytentions raised by the Appellant herein in that behalf.
The respondent herein being aggrieved by the said judgment filed an appeal before the High Court which was marked as A.O. No.313 of 2002.
By reason of a judgment and order dated 1.5.1992, the learned Civil Judge, Dehradun rejected the said petition, inter alia, on the ground that the same was number maintainable in view of Section 69 of the Indian Partnership Act, as the plaintiff firm was number a registered one.
This appeal is directed against the judgment and order dated 2.12.2003 passed by the High Court of Uttaranchal at Nainital in A.O. No.313 of 2002 whereby and whereunder the appeal filed by the respondents herein purported to be under Section 39 iv of the Arbitration Act, 1940 hereinafter referred to as the 1940 Act was allowed, directing Since, the Arbitration and Conciliation Act, 1996 has companye into force, therefore, appropriate remedy to relegate is available to the parties to act in accordance with the provisions of the new Act, if there is an arbitration clause in the agreement.
