2003 (11) TMI 343

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....ingh for the Respondent. ORDER 1. The appellant, who was a contractor, entered into an agreement with the respondents for carrying on construction of a canal. The agreement provided that in case of any dispute arising under the contract, the matter would be decided by an arbitrator, who would be the Superintending Engineer. Disputes and differences having been arisen between the parties, the....

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....revision petition, no order of stay, however, was passed and as a result of that the arbitrator proceeded to make an ex parte award. In the meantime, when the Civil Revision Petition came up for hearing before the High Court, it with view that since an award had already been made by the arbitrator, it would be open to the respondents to challenge the appointment of the arbitrator by means of an ob....