- (1.) This appeal is directed against the order dated 31-5-1991 passed by the Additional District Judge, Varanasi directing the appellant to furnish the original agreement and submit a panel of Arbitrators to choose an Arbitrator by the plaintiff-respondent to decide the dispute.
(2.) Briefly, stated the facts, are that the Indian Oil Corporation Ltd. invited the tenders for construction of office building, road etc. for LPG bottling plant at Varanasi near Babatpur. M/s. Vidyawati Construction Company Ltd. respondent submitted its tender, which was accepted by the appellant. The respondent is alleged to have sent the agreement to the appellant which was countersigned by it. The respondent started construction work and some of the work was completed.
(3.) The respondent alleged that the appellant did not provide the requisite drawings and details of the construction within the time as stipulated under the agreement with the result respondent had to suffer losses. The agreement contained arbitration clause. In pursuance to the said arbitration clause, respondent filed an application before the Court below for making reference to the Arbitrator under Section 20 of the Arbitration Act. The appellant filed written statement and took various pleas opposing the appointed of the Arbitrator. On 31-5-1991 the Court directed the appellant to file the original agreement and to submit that thenames of the panel of Arbitrators to choose an Arbitrator by the respondent. The appellant has filed the instant appeal against this order.;