JUDGMENT - D.K. DESHMUKH, J.:---By this petition, the petitioner challenges the award dated 27th January, 1999 passed by the learned Arbitrator - Shri V.T. Chari. It transpires that the plaintiff filed a suit for money decree against the defendant before the Civil Judge, Senior Division, Solapur which was Suit No. 303 of 1996. In that suit, the present petitioner was the defendant. He filed an application before the Civil Judge, Senior Division, Solapur stating therein that the dispute between parties should be referred to Shri Chari as an Arbitrator. This application was not opposed by the plaintiff respondent and therefore, the Court appointed by order dated 26th September, 1997 Shri Chari as Arbitrator. Pursuant to that appointment, Shri Chari entered reference and made the award.

2.The learned counsel for the petitioner first submits that the appointment of Shri Chari as an Arbitrator was contrary to the provisions of the Act and therefore, according to the learned Counsel, the award passed by the Arbitrator is liable to be set aside. He relies on the provisions of sections 2(e), 8, 11 of the Act as also Clause 10.2 of the agreement between the parties. The learned Counsel appea

Click Here to Read the rest of this document