JUDGMENT :- This appeal relates to an Award dated 20th December, 1979 given by the Arbitrator.

2. Originally the appellant had in 1970-71 entered into an agreement with the respondent for construction of workshop and service station over the bus stand as Rewari. The agreement contained an arbitration clause. On account of disputes between the parties, the Arbitrator was appointed by the parties outside the Court for deciding the disputes. The Arbitrator gave his award on 29-10-1975 in favour of the appellants for a sum of Rs. 5,070/-. This award was ultimately set aside by the Additional District Judge, Gurgaon, vide his order dated 6th November, 1978. By the said order the parties were directed to appear before the Chief Engineer of the respondents who was directed to appoint another officer of the rank of Superintending Engineer for giving a fresh award. Accordingly by Office Order dated 9th February, 1979, pursuant to the said judgment of 6-11-1978 the Chief Engineer (Haryana) PWD, B&R Branch appointed B.K. Wadhwa, Superintending Engineer, PWD, B&R Branch "for settling the disputes between the parties, that is to say, M/s. H. L. Batra and Company on the one side and State of Hary