JUDGMENT

BHARUCHA, J.:- Leave to appeal granted.

2. This is an appeal against the judgment and order of the Madras High Court whereby it declared that arbitration awards given on 7th and 30th December, 1989, by the 2nd and 3rd respondents respectively, in respect of a dispute between the appellant and the first respondent, were not valid; and that the subsequent proceedings conducted by the Umpire, the 4th respondent, were also not valid. The order of the Madras High Court remitted the matter to the 2nd and 3rd respondents to pass awards afresh in the light of its observations.

3. An agreement for the sale of five blocks of residential flats and a community complex, along with the land, was entered into between the appellant and the Ist respondent on 4th June 1984. Clause 36 of the agreement provided that disputes between the parties would be resolved by arbitration; if the parties could not agree upon a common arbitrator each would nominate an arbitrator, who would appoint an Umpire before entering upon the reference. Disputes having arisen the appellant appointed the 2nd respondent, who was a former Judge, and the Ist respondent appointed the 3rd respondent, who was a member of the