M/S Jagdish Raj & Brothers vs Union Of India And Others

Gurvinder Singh Gill, J

The petitioner herein assails order dated 24.9.1999 (Annexure P-2) passed by learned Civil Judge (Senior Division), Amritsar, vide which a petition under Section 20 of Arbitration Act, 1940 filed by the petitioner seeking referring of the dispute to the Arbitrator, has been dismissed. The petitioner also assails order dated 13.7.2018 passed by learned Additional District Judge, Amritsar whereby appeal against the aforesaid order dated 24.4.1999 has also been dismissed.

During the course of arguments, learned counsel representing the respondents submitted that the respondents would not have no objection for appointment of an Arbitrator to adjudicate in the matter and that the parties be governed by the Arbitration and Conciliation Act, 1996.

In view of the aforesaid statement, learned counsel representing the petitioner submitted that the aforesaid offer is acceptable to the petitioner and that, as such, keeping in view the statement made by learned counsel for the respondents, he may be permitted to withdraw the instant revision petition with liberty to file a petition under Section 11(6) of Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to adjudicate on the dispute in hand.

In view of the aforesaid submission, the instant petition is dismissed as withdrawn with liberty aforesaid.