JUDGMENT - C.K. THAKKER, C.J.:---This appeal is filed against an order passed by the learned Single Judge on December 18, 2001 in Arbitration Petition No. 613 of 2001.

2. The appellant, which was the petitioner before the learned Single Judge, filed the above petition, inter alia, contending that the arbitrator had no jurisdiction to entertain the dispute. The learned Single Judge, considering the rival contentions of the parties, and keeping in mind the relevant provisions of the Arbitration and Conciliation Act, 1996 ("the Act", for short), held that the petition was premature. It was open to the petitioner to take appropriate proceedings only after an Award would be made by the arbitrator. The said decision is challenged by the appellant in the present appeal.

3. The learned Counsel for the appellant contended that when a plea was raised by the appellant-petitioner before the learned Single Judge that the arbitrator had no jurisdiction in the matter, the contention ought to have been dealt with and decided. It is only at that stage that the contention is expected to be raised. If it is well-founded, the proceedings cannot be continued further. By not deciding the point, the learne

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