N.N.Sharma, J. - (1.) THIS revision is directed against order dated 7-12-1981 by Sri G. K. Mathur, learned District Judge, Almora who allowed application of respondent (now dead) under Section 8 of Arbitration Act X of 1940 and appointed Sri Gobardhan Upreti, Advocate, Almora as an arbitrator to enter the reference and give award within the prescribed period.
(2.) THERE is no dispute on the point that under the agreement dated 20-2-1977 (Annex. 1) filed with the stay application, applicant-contractor was given the contract of cutting the trees in logs and to transport them to Haldwani Forest Depot : Clause 15 of the agreement provides that all the disputes between the Contractor and Chief Logging Officer shall be referable to the General Manager Logging who shall arbitrate on it. On 18-5-1981, applicant-contractor served a notice on opposite party to enter upon and proceed to decide the dispute by arbitration. THERE was a prayer that the award should be given within four months. The arbitrator did not respond within one month of the receipt of the aforesaid notice nor gave any information in that regard to the contractor. By another notice, opposite parties were called upon to give consent for the appointment of one of the four persons proposed for the appointment as arbitrator. Opposite parties did not give consent for the appointment of any one within 15 days from the receipt of notice dated 25-6-1981. It was on 6-7-1981, that the contractor received a notice from the General Manager, Forest Corporation, U. P. by which he called upon the parties for arbitration on 27-7-1981 at Lucknow. By letter dated 18-7-1981, the applicant-contractor informed the General Manager, Forest Corporation that the arbitration proceedings could take place at Almora and not at Lucknow because the cause of action had arisen at Almora and the agreement was executed at Almora and the matter was under the territorial jurisdiction of the Court of Almora. By his letter dated 25-7-1981, the General Manager, Logging. Lucknow informed the applicant that he would not arbitrate at Almora and cancelled the date. So the contractor applied under Section 8 of Arbitration Act for appointment of arbitrator out of the four persons proposed by him.
(3.) THE Chief Logging Officer and the General Manager, Forest Corporation, U. P. contested the case on the ground that the contractor did not appear before the arbitrator and so the arbitrator was unable to give award. Opposite parties were not willing to the appointment of any one of the four persons as arbitrator nominated by the contractor.;