JUDGMENT - B.N. SRIKRISHNA, J.:---This appeal under section 39 (vi) of the Arbitration Act, 1940 (hereinafter referred to as "the Act") is directed against the judgment and order of the learned Single Judge dated 19th October 1994 refusing to set aside an Arbitration Award No. 166 of 1989 dated 20th October 1989.

2.Some time in 1983, the appellant had floated tenders for construction of 14,000 M.T. cold storage at Vashi, New Mumbai. The respondent, a construction firm, had tendered for the work and was awarded the contract for the said construction work. The contract was signed some time in 1984. Some time during the year 1986, disputes arose between the appellant and the respondent. The respondent filed Arbitration Suit No. 3219 of 1986 under the Act for appointment of an arbitrator. There was protracted litigation between the parties which even went to the Supreme Court and came back. We are not concerned with the details of the said litigation except that as a result of certain directions made by the Supreme Court, this Court ultimately appointed one S.N. Mishra, as the sole arbitrator by an order dated 2nd November 1988. The arbitrator entered upon the reference on 1st March 198

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