D. S. R. VARMA, J.

( 1 ) HEARD both sides.

( 2 ) THE order, dated 27-12-2004, passed by the Chief Judge, City Civil Courts, hyderabad, allowing the petition O. P. No. 2217 of 2003 and appointing a retired judicial Officer as sole arbitrator to decide the dispute between the parties, is under challenge in the present Writ Petition.

( 3 ) OP. No. 2217 of 2003 was filed under section 11 of the Arbitration and Conciliation act, 1996 (for brevity "the Act") for appointment of Arbitrator for adjudicating the dispute between the parties.

( 4 ) THE petitioner herein is the respondent and the respondent herein is the petitioner before the Court below in O. P. No. 2217 of 2003.

( 5 ) THE facts, which are not in dispute, are that the respondent is a transporter doing transportation business. The petitioner is a public limited company. Both the parties have their Head Offices at Kolkata. They have their branch offices at Hyderabad also. The respondent has to transport the material to different parts of the country as required by the petitioner.

( 6 ) BE that as it may, for some reasons, the details of which are not worth mentioning, the petitioner had invoked the Bank Guarantee for a sum of Rs

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