S.J. VAZIFDAR, J. : - This is an Appeal against the order of the learned Single Judge, dismissing the petition filed by the appellant, challenging an award dated 31 -3 -2004 made by the learned arbitrator.

2. By an order dated 30 -9 -2003, Suit No. 2335 of 1994 filed by the respondents was disposed of in terms of the minutes of the order signed by the parties and their Advocates. Clauses 1 and 6 of the minutes of the order read as under:

"1. By consent the pending disputes as mentioned in the above suit between the parties hereto are referred to the sole arbitration of Mr. Justice S. M. Jhunjunwala (Retd.) to be conducted under the provisions of Arbitration and Conciliation Act, 1996 and the Learned Arbitrator shall pass a reasoned A ward which shall be final and binding on the parties."

"6. The Arbitrator shall dispose off the reference within a period of 4 months from the date of entering upon the reference and the parties shall co -operate and endeavour to dispose of the reference."

3. The arbitration proceeding were conducted pursuant to the above terms.

The only ground urged before us was that in view of clause 6 of the minutes of the order, the arbitrators