Prem Shanker Asopa, J. - (1.) HEARD learned counsel for the parties. By this revision petition, the petitioner has challenged the order dt. 04.10.2006 passed by the Additional District Judge, No. 2, Jaipur City, Jaipur (Rajasthan) (hereinafter to be referred as 'learned trial Court') whereby his civil suit for recovery of Rs. 1,77,000/ - with interest was dismissed on the ground of having arbitration Clause No. 13 of the Arbitration & Conciliation Act, 1996 (for short 'Act of 1996').
(2.) BOTH the parties have not disputed the fact that the agreement contains Clause No. 13 of Arbitration in the agreement according to which, the matter will be referred to the Managing Director of the Rajasthan Electronic & Instrument Limited, Jaipur for sole Arbitration and his decision in this regard shall be final. However, the learned counsel for the petitioner submits that as per the instruction of the Managing Director, the report of the loss/theft was lodged against the petitioner, therefore, the petitioner has not faith in the Managing Director to decide the dispute in an independent manner. Learned counsel for the respondent submits that the civil suit has been rightly dismissed on the ground of having the arbitration clause, In case, the petitioner feels that the named Arbitrator may not decide the dispute in an independent manner, the learned counsel for the petitioner is at liberty to make a request to the Designated Judge for consideration of the case for the change of the Arbitrator.
(3.) I have gone through the record of the revision petition and further considered the aforesaid submissions of the parties and this Court is of the view that there is no error in the order of the learned trial Court dt. 04.10.2006 for dismissing the civil suit on the ground of Condition No. 8 and 13 of the agreement. Out of which, Condition No. 13, relates to Arbitration Clause. Consequently, the revision petition stands dismissed with liberty to the petitioner to move an application under Sec. 14 of the Limitation Act, 1963 for excluding the period of civil suit till the decision of the instant revision petition for calculating the limitation for filing the arbitration application.;