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R. C. LAHOTI, G. P. MATHUR, C. K. THAKKER
UNION OF INDIA – Appellant
Versus
H. K. DHRUV – Respondent
ORDER
1. The singular question arising for decision in these appeals is whether the subsequent application under Section 8 of the Arbitration Act, 1940 seeking appointment of arbitrator and reference of dispute for adjudication, was hit by the bar contained in Order 2 Rule 2 of the Code of Civil Procedure (CPC).
2. The facts in all the three appeals are identical. It would, therefore, suffice to notice the facts in only one of the three cases. It appears that the respondent has entered into a contract with the Railways. He preferred some claim against the Railways which was turned down, consequent whereupon he made a demand for referring the claim for adjudication by arbitrator. That prayer was also refused and hence the respondent moved the civil court for appointment of arbitrator.
3. It also appears that during the pendency of the first application, yet another claim was preferred by the respondent which too was turned down by the Railways. The respondent sought for reference of the subsequent dispute also for adjudication by arbitrator and on that prayer having been turned down by the Railways, the respondent filed the subsequent petition under Section 8 of the Arbitration Act,
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