The Rajasthan State Co-operative Sheep Wool and Marketing Federation Ltd. vs Union of India (UOI)

Amar Dutt, J.—Though the present revision petition, Rajasthan State Co-operative Sheep Wool and Marketing Federation Ltd. is seeking to assail the order passed by the Sub Judge, Ambala on 30th of May, 1991, allowing an application filed by the Union of India for appointment of a fresh arbitrator in place of Col. D.K. Dhillon.

Apart from the fact that after lapse of over nine years Col. D.K. Dhillon may not be readily available for entering upon the reference, no relief can be granted in this revision petition in view of amendment made in the proviso to Sub Section (1) of Section 115 of the Code of Civil Procedure, which reads as under:-Provided that the High Court shall not, under this Section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceedings, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings."

In view of the fact that if the application had been dismissed then too the proceedings would not have come to an end, the petition is, accordingly, dismissed with the observation that the quarter Master General respondent No. 2, should take steps to finalise the appointment of an arbitrator within 15 days of the receipt of a copy of the order so that the arbitration proceedings can be started and finalised within the stipulated time frame.