(1) THE petitioner has challenged the order dated 13/7/1990 of the High court of Madhya Pradesh at Jabalpur in Misc. Cri. Case No. 1054 of 1990 passed under Section 482 of the Code of Criminal Procedure, 1973 quashing the proceedings of the Judicial Magistrate, First Class, Dharntari, dated 7/9/1989 in Cri. Case No. 943 of 1989 registered under Section 397 read with Section 34 Indian Penal Code. While Special Leave Petition (Cri.) No. 1971 of 1990 is pending, by consent of parties, this court on 1/8/1991 made a reference to Justice Shiv Dayal (retired chief justice of the Madhya Pradesh High court and a Sr. Adv. of this Bar) to adjudicate the disputes thus :

may be appointed as an Arbitrator, by consent, to go into the question as to the amounts due, if any, by the petitioner to the second respondent or vice versa, in respect of Truck No. MKS 931 1."

(The other clauses of reference are not material, hence omitted).

(2) THE Arbitrator entered upon the reference within the time and gave his award on 31/12/1992 holding thus :

"FINAL answer to the reference is Anoop Chand (Respondent 5 in the SLP) shall pay to Sukalu Ram and Basant Kumar (Partnership) or to Ba