S. B. Sinha, J. - (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 2.12.2003 passed by the High Court of Uttaranchal at Nainital in A.O. No. 313 of 2002 whereby and whereunder the appeal filed by the respondents herein purported to be under Section 39(iv) of the Arbitration Act, 1940 (hereinafter referred to as the 1940 Act) was allowed, directing : "Since, the Arbitration and Conciliation Act, 1996 has come into force, therefore, appropriate remedy to relegate is available to the parties to act in accordance with the provisions of the new Act, if there is an arbitration clause in the agreement. It is an open remedy to the party to move to approach to the Chief Justice or His Nominated Judge in the arbitration under the New Act."
(3.) The basic fact of the matter is not in dispute. The parties hereto had entered into an agreement on or about 11.4.1988 as regard certain civil works in an unit belonging to the Appellant herein. Disputes and differences having arisen between the parties, the respondent herein filed an application under Section 20 of the 1940 Act in the Court of the Civil Judge, Dehradun for appointment of an arbitrator relying on or on the basis of a purported arbitration agreement contained in clause 34 of the aforementioned contract. The said suit was marked as O.S. No. 290 of 1991. The respondent herein, inter alia, pleaded: "That as per clause No. 34 of contract bond all disputes between the parties arising under the contract, arbitrator is to be appointed by Managing Director of the Defendant Corporation. The plaintiff has written so many letters to the M.D. and Secretary of Corporation for appointment of Arbitrator but they did not pay any attention and have not appointed any Arbitrator so far, so the plaintiff is entitled to get the appointment of Arbitrator from the Court." ;