Sudhir Narain, M.A.Khan, JJ. - (1.) The petitioner seeks to quash the order of appointment of the arbitrator by the Managing Director vide order dated 11.10.1999 (Annexure-8 to the writ petition) appointing Sri R. C. Saxena, Incharge General Manager (Recovery Section) U. P. State Warehousing Corporation as arbitrator in pursuance of the arbitration agreement and the order passed by the Managing Director on 6.11.1999 rejecting the objection of the petitioner against the appointment of such arbitrator. The arbitration agreement reads as under : "All disputes and differences arising out of or in any way touching or concerning this agreement (except as to any matter the decision of which is expressly provided for in the contract) shall be referred to the sole Arbitration of the Managing Director, U. P. State Warehousing Corporation, Lucknow and if the Managing Director is unable or unwilling to act as the sole arbitrator or some other person appointed by the Managing Director. U. P. Warehousing Corporation, Lucknow, willing to act as such arbitrator. It will be no objection to such appointment that the person appointed is an employee of the Corporation that he had to deal with the matters to which the contract relates and that, is the course of his such employee of the Corporation, he had expressed views on all or any of the matter in dispute or difference. The award of such arbitrator shall be final and binding on the parties to this contract. It is a term of this contract that in the event of such arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act, for any reason, the U. P. State Warehousing Corporation, the time of such transfer, vacation of office or inability to act shall appoint another person to act as arbitrator in accordance with the terms of this contract such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor."
(2.) A dispute arose in respect of the payment of the bills submitted by the petitioner to the respondents. The Managing Director appointed Sri R. C. Saxena, as arbitrator. The petitioner submitted an objection before the Managing Director of the U. P. State Warehousing Corporation that he is an employee of the Corporation, he does not expect fair justice from him. This objection has been rejected by the Managing Director by the impugned order dated 6.11.1999.
(3.) We have heard Sri H. N. Singh, learned counsel for the petitioner and Sri O. P. Singh, learned counsel for the respondents.;