2008 (3) TMI 653

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.... 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....

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....1996 seeking appointment of Arbitrator to 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 v....

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....ure 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 Chie....

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....udge of the Supreme Court would be exercising the 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 woul....