( 1 ) BY this Appeal, the appellant challenges the judgment dated 5th august, 2000 passed by the 3rd Extra Joint district Judge, Pune in Misc. Application no. 586 of 1998.

( 2 ) THE facts that are material and relevant for deciding this petition are that the petitioner/pune Municipal Corporation had entered into a contract with the Respondent. The dispute arose between the parties. The agreement had an arbitration clause. On 1st october, 1996 the Respondent issued a notice styling it as notice under Section 9 of the arbitration Act, 1940. The arbitration clause was invoked and the Hon'ble Mr Justice M. L. Pendse (retd.) was appointed as the sole arbitrator. It was stated that if the petitioner desires to appoint an arbitrator of their own then they shall do so within 15 days and it was also stated that if they fail to appoint their own arbitrator, the arbitrator appointed by the respondent shall be the sole arbitrator, and he will proceed with the matter. Another notice was issued on 8-11-1996 by the Respondent stating therein that as the Arbitration Act, 1995 had already come into force, the notice dated 1st October, 1996 should be taken to be a notice under Section 10 of