2008 (3) TMI 653

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..... ssed in O.P. No. 10 of 2003 on the file of I Senior Civil Judge, City Civil Court, Hyderabad, by which an Arbitrator was appointed to resolve the disputes between the parties under the agreement dated 28-4-1998. 2. The brief facts of the case are that the first respondent herein and petitioners have entered into an agreement dated 28-4-1998 for supply of sand, stacking and spreading the same into .....

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..... o resolve the disputes between the parties, which was allowed. Hence, this appeal (sic. petition) by the petitioners. 4. Heard learned Counsel for the parties and perused the record. 5. Learned Counsel for petitioners contended that the District Court has no power to appoint an Arbitrator and such power is vested with Hon'ble the Chief Justice in view of the decision of the Supreme Court in .....

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..... arbitrator to the District Court. Since the intention of the statute was to entrust the power to the highest judicial authorities in the State and in the country, we have no hesitation in holding that the Chief Justice cannot designate a District Judge to perform the functions under Section 11(6) of the Act. This restriction on the power of the Chief Justice on designating a District Judge or a n .....

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..... power vested in the Chief Justice of the High Court or in the Chief Justice of India. Therefore, we clarify that the Chief Justice of a High Court can delegate the function under Section 11(6) of the Act to a Judge of that court and he would actually exercise the power of the Chief Justice conferred under Section 11(6) of the Act. The position would be the same when the Chief Justice of India dele .....

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..... the Civil Revision Petition is maintainable and the District Court does not have the power to appoint the Arbitrator and as such, the impugned order is liable to be set aside. 8. Accordingly, the Civil Revision Petition is allowed and the impugned order is set aside and since O.P. pertains to the year 2003, the same shall stand withdrawn and transferred to this Court for disposal in accordance wi .....

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