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1999 Supreme(P&H) 949

R.L.ANAND
Bank Bandhu Co-operative Group Society – Appellant
Versus
Manasvi Construction Engineers And Contractors – Respondent


Judgment

R.L.Anand, J.

1. This is a civil revision and has been directed against the order dated 15.6.1999 passed by District Judge, Chandigarh, who allowed the application of the respondent M/s Manasvi Construction Engineers and Contractors under Section 14(1)(a) and (2) read with Section 15(2) of the Arbitration and Reconciliation Act, 1996 for terminating the mandate of the arbitrator, i.e. respondent No. 2 Shri S.D. Jain, and for appointment of another independent impartial arbitrator by way of substitution.

2. The case set up by M/s Manasvi Construction Engineers and Contractors was that it had entered into an agreement with the petitioner Bank Bandu Cooperative Group Housing Society Limited (Regd.) on 24.10.1995 for the performance of construction work and the said agreement contained an arbitration clause which runs as follows:-

"In the event of any dispute the same shall be referred for arbitration to Mr. S.D. Jain son of Shri Chhotu Ram Jain, who will act as sole arbitrator and his decision in the matter shall be final and binding on the parties."

A dispute arose between the contractor and the society with regard to the execution of the work as a result of that the matter w





















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