JUDGMENT

The petitioner has filed the instant application for appointment of new Arbitrator to proceed with the arbitration proceeding from the stage, it was left by the previous arbitrator and to make and publish an Award within six months or in the alternative the suit be reviewed and be transferred to Commercial Division of this Court and to proceed with from the stage suit was left at the time of passing of the order dt. 11th September, 2008.

Initially the petitioner had filed a Civil Suit No. 81 of 2002 against the respondent praying for following reliefs :

“a) Leave under order 2 Rule 2 of the Code of Civil Procedure, 1908;

b) Decree for Rs. 20,72,36,568/-

c) Alternatively, an enquiry into the damages suffered by the plaintiff and decree for the amount found on such enquiry

d) Interest;

e) Costs;

f) Further and other reliefs;.”

During pendency of the suit, the Learned Advocate for the petitioner had forwarded a letter together with a draft application under Section 89 of the Code of Civil Procedure, 1908 for referring the dispute pertaining to the suit before the Learned Arbitrator to the Learned Advoc