JUDGMENT

Leave granted.

We have heard both the counsel. The only question in this case is whether the Civil Court, while exercising the power under Ss. 5, 8, 11 and 29 of the Arbitration Act, 1940 (for short, the Act) would be justified in revoking the appointment of an arbitrator appointed in terms of clause 25-A of the contract. Clause 25-A reads thus :

"Clause 25-A:- If question, difference or objections whatsoever shall arise in any way connected with or arising out of this instruments or the meaning or operation of any part therefor, the rights, duties or liabilities of other partly, then save in so far as the decision of any such matter is hereinbefore provided and has been so decided every such matter including whether it has been finally decided accordingly, or whether the contract should be terminated or has been rightly terminated and regards the rights and obligations of the parties as the result of such termination shall be referred for arbitration to the Superintending Engineer, Planning Circle, Chandigarh, or acting as such at the time of reference within 180 days viz., six months from the date of making final payment to the contractor.........".

2. It is settled law t