D. C. SRIVASTAVA, J.

( 1 ) THE appellant moved an application under Sections 8, 9 and 20 of the Indian Arbitration Act in the Court below requesting for appointment of Arbitrator within the terms of the tender agreement and contending that the dispute arose between the parties in respect of tender Agreement the same may be referred to the Arbitrator appointed by the Court for adjudication of disputes. As usual this Application was registered as Special Suit No. 66 of 1988. Written statement was entertained by the Court below. Issues were framed. No evidence was given by the plaintiff appellant. Certain documents were filed which were exhibited. Ultimately the court below did not propose to decide Issues No. 4 and 5. Issues No. 1 and 2 were decided in negative. The trial Court further found that since existence of dispute between the parties is not proved the plaintiff is not entitled to get Arbitrator appointed under clause : 35 of the tender Agreement. With these findings the Suit was dismissed on 30. 7. 1996 by Civil Judge (S. D.), Palanpur. This Judgment and order of the Court below is under challenge in this Appeal.

( 2 ) SHRI H. K. Parmar for the appellant and Shri S. A. Desai

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