JUDGMENT :

SANJIV KHANNA, J.

1. Despite rounds of litigation, the disputes that arose in 1996 will, unfortunately, continue even post this judgment.

2. M/s. Narinder Singh and Sons, the appellant before us, vide letter dated 27th January 1993 was awarded tender by the respondent namely, Divisional Superintendent Engineer-II, Northern Railway, Ferozepur Division, Ferozepur, Punjab, for additional washing line to accommodate 26 coaches at Jammu Tawi Railway Station. Disputes arose when the respondent terminated the contract vide letter dated 03rd April 1996 due to stated non-performance and repeated lapses by the appellant. The appellant, on the other hand, alleged breaches on the part of the respondent who, it is stated, had modified the original work and changed scope of the work several times.

3. The appellant invoked the arbitration clause as per the contract agreement and in response, the General Manager, Northern Railways satisfied with the existence of the disputes, appointed an arbitrator. The appellant approached the District Court for termination of the mandate of the appointed arbitrator and substitution with an independent Arbitrator. The District Judge, Gurdaspur vide order