9911796707
TMI Blog2008 (3) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... JUDGMENT 1. This Civil Revision Petition is filed against the order dated 7-8-2007 passed 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 the tract over ballast portion in between Kms. 872 to 888 on Hingoli section. The dispute raised by first respondent-company is that it has supplied sand in 2nd phase worth Rs. 13,166/- and the bill amount was not paid and that an amount of Rs. 6,438/- was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court can designate a District Judge to perform the functions under Section 11(6) of the Act. We have seen the definition of 'Court' in the Act. We have reasoned that the intention of the legislature was not to entrust the duty of appointing an 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 non-judicial authority flows from the scheme of the Act. 41. In our dispensation of justice, esp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial power and that the power under Section 11(6) of the Act, in its entirety, could be delegated, by the Chief Justice of the High Court only to another Judge of that court and by the Chief Justice of India to another Judge of the Supreme Court. 7. In view of the law laid down by the Supreme Court in the said decision, as extracted above, and in the light of its conclusions, we are of the opinion that 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Petition is allowed and the impugned order is set aside and since O.P. pertains to the year 2003, the same shall stand withdrawn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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