Saumitra Dayal Singh, J. - (1.) This appeal has been filed by the Union of India against the order of the Special Judge (E.C. Act)/Additional District Judge, Agra dated 29.4.1999 in Arbitration Suit No. 383 of 1994 by which the said Court passed the below quoted operative order in a rather lengthy disposal of an application filed under Section 8 of the Arbitration Act, 1940 (hereinafter referred to as the Act):- "The suit is decreed with costs. The disputes enumerated in the list attached with the plaint are referred to the arbitration of the sole arbitrator who shall be appointed by the defendant no.2 as per condition No.70 of General Conditions of Contracts, within two months from today. The arbitrator so appointed shall enter upon the reference after receipt of communication from the defendant no.2 and shall make and publish the Award within four months from the date of entering upon the reference. If the arbitrator is not appointed by the defendant No.2 within the above stipulated time, then the plaintiff shall have the right to have the arbitrator appointed through the agency of the Court."
(2.) It is sad that a proceeding initiated under the Arbitration Act, ostensibly seeking expeditious disposal of the dispute has remained pending for 18 long years at the stage of appointment of arbitrator, that too at the instance of the government itself. Had there been no arbitration clause in the agreement that binds the parties, the respondent could have availed suit remedies, which though lengthy may have reached a logical end by now. However, in face of arbitration clause, had the respondent invoked jurisdiction, it would have been opposed by the appellant on that count and the status of those proceedings may have also been the same as the present.
(3.) Briefly, the case of the applicant in the arbitration case is, Mago Construction (P) Ltd. being a firm of engineers, builders and promoters had been awarded work order CA No. CELZ/GKP/08 of 1991-1992, by the appellant for execution of the work of "Resurfacting of Rigid and Flexible Pavements", at Gorakhpur.;