Vineet Saran, J - (1.) In pursuance of a Contract of Fabrication, which was given to the petitioner by the respondent-Betwa River Board, certain dispute arose and the petitioner invoked the arbitration clause of the agreement. Since the arbitrator was not. appointed by the respondent-Betwa River Board, the petitioner filed Suit No. 21 of 1996 under Section 20 of the Arbitration Act, 1940 praying that a reference be made to the Arbitrator in accordance with the terms of the agreement. The said suit was dismissed by the learned trial Judge vide order dated 16.8.1999. The appeal filed by the petitioner against the said order has also been dismissed by the learned District Judge, Jhansi on 27.5.2003. Aggrieved by the said orders the petitioner has filed this writ petition. A further prayer has been made for a direction in the nature of mandamus commanding the respondents to refer the dispute to the arbitrator in pursuance of the agreement.
(2.) I have heard Sri K.K. Dubey, learned Counsel appearing for the petitioner as well as Sri S.F.A. Naqvi, learned Counsel appearing for the respondents. Counter and rejoinder affidavits have been exchanged and with the consent of learned Counsel for the parties, this writ petition is being disposed of finally at the admission stage itself.
(3.) The courts below have considered the dispute which has been raised by the petitioner and held that the said dispute is not maintainable on merits. Learned Counsel for the respondents has submitted that the procedure for settlement of dispute has been given in Clause 52 of the agreement itself and as such, without having followed the said procedure the petitioner could not have invoked the provisions of Clause 53, which is with regard to the appointment of arbitrator. As such it has been submitted that the writ petition is liable to be dismissed on this ground alone.;