- (1.) Vide this order three Civil Revision Nos. 1088, 1089 and 1090 of 1990 are being disposed of as they arise out of similar facts between the same parties, involving common point. Thus, facts are taken from the file of Civil Revision No. 1088 of 1990.
(2.) Messrs Sunder Dass and Company (herein to be called 'Contractor') the respondent, entered into a building contract with Jind Cooperative Sugar Mills Limited. The contract provided an arbitration clause. The disputes relating to the contract were referable to the Registrar, Cooperative Societies, Haryana or his nominee as sole Arbitrator, whose award was to be final and binding on both the parties. The dispute having arisen, the Contractor referred the matter for arbitration to the Registrar, Cooperative Societies, Haryana. The reference was returned with the objection that the same should bear court fee. After compliance, again the matter was referred to the Registrar on September 21, 1988. Since no action was taken by the Registrar to enter upon arbitration, notice was served under section 9 of the Arbitration Act on January 22, 1989. Ultimately, the contractor moved the Court for removal of the named Arbitrator and for appointment of the new one on March 4, 1989. The application was filed under Sections 8, 9, 11, 12, and 20, Schedule 1, Rule 3 of the Arbitration Act.
(3.) There was a contract. It was asserted that the Registrar had nominated Additional Registrar, as Arbitrator, who had entered upon the reference fixing dates of hearing. On the pleadings, the following issues were farmed :- 1. Whether the Arbitrator is liable to be removed on the ground mentioned in the petition OPA 2. If issue No. 1 is proved, whether the petitioner is entitled for appointment of fresh Arvitrator OPA 3. Whether this Court has no jurisdiction to try this petition OPA 4. Whether this petition is bad for non-issuance of statutory notice upon the Arbitrator as per preliminary objections taken in para No. 4 of written reply 5. Whether this petition is not maintainable OPA 6. Relief.;