Arbitration Act, 1940

Section 20

Section 20(4)

Section 39

JUDGMENT

N. N. Mithal, J. - Defendants revisionists are assailing the order of the court below on the ground that the order passed by it was incomplete and improper.

A preliminary objection was raised on behalf of the plaintiff opposite parties questioning the maintainability of the revision. It is contended that the order is appealable and no revision lies. This objection is without any merit. Under the Arbitration Act, an appeal is provided under Section 39 thereof amongst others against an order passed under Section 20 making or refusing to make a reference. In a Division Bench decision of this Court in State of U.P. v. Hindustan Construction Company Ltd. Bombay (1978 ALJ 1178), it was observed that before making an order under sub-section (4) of Section 20 of the Act, the court must necessarily find out if the arbitrators have been named in the agreement and if not it will have to ask the parties to nominate the arbitrator in accordance with the agreement and it is only after this has been done that an order under Section 20(4) of the Act referring the dispute to the arbitrator can be made. An order merely deciding that

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