IN THE HIGH COURT TO UTTARANCHAL AT NAINITAL ARBITRATION PETITION NO.7 OF 2003 1. Smt. Paramjit Kaur D/o Late H.S. Sandhu 2. Shri Gurprit Singh Sandhu, S/o Late H.S. Sandhu, for Self and for petitioner No.1 above as her General Power of Attorney Holder, both adults, both residents of Sandhu Farm, Village Faziplur- Mehrola, Pargana Rudrapur, Tehsil Kichha, District U.S. Nagar ……….. Petitioners Versus Hotel Sonia Pvt. Ltd., a private company registered under the Companies Act, 1956, having its registered office at Rudrapur, District U.S. Nagar, through its Managing Direcotr, Shri G.K. Rungta ……. Respondents WITH CIVIL REVISION NO.90 OF 2002 1. Smt. Paramjit Kaur D/o Late H.S. Sandhu through Power of Attorney Holder Sri Gurpreet Singh Sandhu S/o Late Harpal Singh Sandhu 2. Shri Gurprit Singh Sandhu, S/o Late H.S. Sandhu, Both residents of Farm Village Jagalpur, Mohalla Tehsil Kichha, Pargana Rudrapur, District U.S. Nagar …….. Revisionists Versus Hotel Sonia Pvt. Ltd., Rudrapur, District Udham Singh Nagar, through Managing Director Sri Gopal Krishn a Rungta S/o Late Phool Chandra Rungta R/o House No.72, Maharaja Ugrasen Road, Rudrapur District Udham Singh Nagar ……… Respondent Shri Gurdayal Singh, learned counsel for the petitioners. Shri Akhilesh Kalra, learned counsel for Respondent. Dated: 30.07.2005 Hon’ble P.C. Verma, J. By means of this arbitration petition, the petitioner has prayed for appointment of the Arbitrator. The agreement clause relating to appointment of Arbitrator contains the provisions for filing of suit by aggrieved party. Accordingly, the Civil Suit No.35 of 2002 was filed by the respondents and the suit has finally been heard and the judgment is reserved by the Trial Court, therefore, the learned Trial Court is directed to deliver the judgment. Further, in view of the decision of the Trial Court in the suit, the application for arbitration shall stand abated and therefore, shall stand dismissed after the delivery of judgment. Consequently, the Civil Revision No.90 of 2002 shall also stand dismissed. (P.C. Verma, J.) Rajeev Dang Order modified vide order passed on 31.8.2005 on clarification/modification application No.6379/2005 moved by the applicant/revisionists in Civil Revision No. 90/2002. (P.C. Verma, J.)