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A.G.QURESHI
H. lshwarlal and Sons – Appellant
Versus
Hukum Chand Mills – Respondent
It is not in dispute that when the petitioner did not give its consent for the appointment of the sole arbitrator, the respondent filed an application under section 8 of the Arbitration Act before the Court. A notice of the petition was issued to the non-applicant, whereupon on 18.11.1989 a telegram was received by the Court wherein the petitioner sought time of three weeks for submitting its reply but no reply was submitted and the case was fixed for 21.12.1987 and 21.1.1988. The petitioner did not appear either personally or through its counsel.
The case was, therefore, fixed for 18.2.1988. On that date also the petitioner did not make its appearance. The application for revocation was based before the lower Court on the ground that as there was no dispute between the parties the Court had no jurisdiction to appoint arbitrator under section 8 of the Act. Shri Vora is a Director of the non-applicant Mills. Therefore, he is inclined to favour the non-applicant. The application has not been filed under clause 20 of the relevant agreement. As such, the appointment of the single arbitrator is against the terms of the agreement. In any case Shri Vora being a person interested in
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