PRADEEP KUMAR SINGH BAGHEL,J. - (1.) This is an appeal under Section 39 of the Indian Arbitration Act, 1940 (1*) preferred by the Chief Engineer (Madhya Ganga), U.P., Irrigation Department, Meerut and the State of Uttar Pradesh with other two appellants against the judgment and order of the Civil Judge (Senior Division), Bijnor passed in Civil Case No. 119 of 1994 dated 27th July, 2000, whereby the application filed under Section 20 of the Act, 1940 by the sole respondent has been allowed and a direction has been issued to the parties to furnish within thirty days the name of a person to be appointed as an Arbitrator. (1*)Act, 1940
(2.) At the time when the matter was entertained, a preliminary objection was raised by learned counsel for the sole respondent that an appeal under Section 39 (iv) of the Act, 1940 can be filed only after the Court has determined the name of the Arbitrator, to whom the reference is to be actually made and not earlier. In support of his preliminary objection learned counsel for the respondent has relied upon a Division Bench judgment of this Court in the case of Corporation of India v. Karnail Singh, 1987 (1) AWC 10.
(3.) The said preliminary objection was opposed by the appellants. In response to the preliminary objection appellants placed reliance on a judgment of this Court in the case of Union of India v. Mohamad Usman, AIR 1965 Allahabad 269 , wherein it has been held that when the plaintiff's application under Section 20 of the Act, 1940 is allowed, such an order is clearly an order directing filing of an arbitration agreement and thus, it is covered under Section 39(1)(iv) of the Act, 1940 and as such, the appeal is competent.;