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2005 Supreme(Del) 225

J.P.SINGH, VIJENDER JAIN, VUENDER JAIN
MULAKH RAJ, WADHAYA RAM, WEST PATEL NAGAR, NEW DELHI – Appellant
Versus
SHASHI RANI – Respondent


Advocates Appeared:
DINESH GUPTA, RAJIV KAPOOR

Vijender Jain, J.

( 1 ) THIS petition has been filed to challenge the impugned order passed by the learned Additional District Judge dismissing the petitioner s application under section 11 of the Arbitration and Conciliation Act, 1996. The ground of rejection of the application for non-supply of the vacancy of an arbitrator was that the firm of which the husband of the respondent and petitioner were partners, was an unregistered firm. Therefore, it was held by the learned Additional District Judge that in view of the disability envisaged under Section 69 of Partnership Act, the petitioner could not maintain an application under Section 11 of the Arbitration and Conciliation act.

( 2 ) AS a preliminary objection, learned counsel for the respondent has submitted that the remedy of writ petition is not available to the petitioner. We see no force in the objection of the learned counsel. In Konkan Railways Corporation Ltd. Vs. Mehul Construction Co. (2000) 7 SCC 201, the Supreme Court of India has opined that order passed by a designated authority to appoint arbitrator is an administrative order.

( 3 ) SINCE no appeal would lie as there is no adjudicatory order passed by the designate












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