JUDGMENT
Gurusharan Sharma, J.
1. Plaintiff-opposite party filed Title (Arbitration) Suit No. 83 of 1996, purporting to be under Section 8 of the Arbitration and Conciliation Act, 1996, and by impugned order, dated 17.9.1999, learned Subordinate Judge, Jamshedpur, appointed One Mr. Gopaljee Prasad, Chief Engineer, PWD (Retired) to arbitrate the dispute and submit award.
2. The aforesaid order has been challenged in the present Revision application by defendant on the ground that as per arbitration Clause-48 of the Agreement in question, such disputes were to be referred to the sole Arbitrator, i.e., the President of the Jamshedpur Co-operative House Building Society Limited, or to some other person appointed
by him, and, therefore, the impugned order appointing the aforesaid Arbitrator was illegal and without jurisdiction.
3. I find that while considering question of appointment of Arbitrator, in paragraph-5 of the impugned order, trial Court found that admittedly at the relevant time acting President was working there and, therefore, the aforesaid retired Chief Engineer was appointed as sole Arbitrator, who was independent and experienced person. This Court noticed this fact and observed in the order, dated 14.1.2000 in the present Revision application that in case, regular President of the Society is elected, the dispute may be referred to him in terms of Arbitration clause and the matter was kept pending. In this manner, this Revision application is pending since last one-and-half years and by now it is not disputed that elected President of the Society is available.
4. In the aforesaid circumstance, I allow this Revision application, set-aside the impugned order and remit the matter to the trial Court to consider the matter afresh and pass appropriate orders in accordance with law, after hearing the parties at the earliest. Let the lower Court records be sent down to the Court below immediately.
5. Revision application allowed.