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1998 Supreme(Guj) 582

Y.B.BHATT
BUREAU OF INDIAN STANDARD – Appellant
Versus
WESTERN INDIA ENGINEERING COMPANY – Respondent


Advocates Appeared: B.M.GUPTA

Y. B. BHATT, J.

( 1 ) ). Heard the learned Counsel for the appellant.

( 2 ) ). This is an appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (the Act for short), challenging the order passed by the City Civil Court appointing a Sole Arbitrator to enter into arbitration for the resolution of the dispute, as nominated by respondent original-plaintiff.

( 3 ) ). The Supreme Court has laid down the principles to be kept in mind by a court dealing with Appeal From Orders under Order 43, Rule 1 and in this context, in the case of Wander Ltd. v. Antox India (P) Ltd. , reported at 1990 (Supp) SCC 727, and particularly in paragraphs 9 and 14 of the said decision, had occasion to observe that an appeal against exercise of discretion is said to be an appeal on principle. The Appellate Court will not re-assess the evidence independently, if the assessment of evidence and the conclusions thereon arrived at by the trial Court are reasonable. The above principle laid down by the Supreme Court has also been followed by the Supreme Court in the subsequent case of N. R. Dongre v. Whirlpool corpn. . reported at. 1996 (5) SCC 714.

( 4 ) I have no doubt that the said principle also applie










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