Court : Patna
Decided on : Feb-19-1991
..... in detail, for the purpose of decision on the points arising for consideration. suffice it to say that the plaintiff, which is a registered partnership firm, entered into an agreement for construction of revetment and slope protection work on the right bank of river ganga from ranighat to gulabjghat at ..... an arbitration agreement, then in certain situations as mentioned hereinabove, the functions of the court cannot be like a post office performing a mere ministerial act in making the reference. however, any such adjudication should be done only when circumstances exceptional in nature do exist. in normal course, the terms ..... the parties having agreed to an arbitrator previously do not agree to new appointment after the arbitrator previously agreed to is unwilling or unable to act. in my opinion, the aforesaid clause would further include such cases also where the parties in spite of having previously agreed to an arbitrator, ..... parte and summary 'adjudication' by an officer of the state as distinct from arbitration proceedings, which are held under the provisions of the arbitration act. i do not, therefore, subscribe to the view propounded by learned counsel that in all arbitration caseswhere one of the parties is the state or ..... sachchidanand jha, j. 1. this revision by the plaintiff arises out of a suit under the indian arbitration act (hereinafter referred to as 'the act'). the prayer in the suit is to call for the arbitration agreement and enter upon the arbitration in respect .....Tag this Judgment!