PURUSHOTTAM Vs. ANIL

JUDGEMENT

(1.) By this writ petition, the petitioners have challenged order dtd. 6/2/2020 passed by the Principal District Judge, Bhandara, whereby two applications were allowed. One application pertains to Sec. 9 of the Arbitration and Conciliation Act, 1996 and the other application was purportedly filed for appointment of an Arbitrator.

(2.) By the said order, the application under Sec. 9 of the aforesaid Act was disposed of by a direction to the rival parties not to create any third party rights in the property in question, till Arbitration proceedings are decided. Along with the said direction, in the impugned order it was also directed that a particular individual stands appointed as an Arbitrator.

(3.) This Court issued notice in the present writ petition on 1/3/2021, recording the contention raised on behalf of the petitioners that while deciding the application under Sec. 9 of the said Act, the Court of Principal of District Judge, appointed an Arbitrator, as if an application under Sec. 11 was also placed for consideration.