Chagla, C.J. :- This appeal arises out of a petition filed by the appellant to set aside an award. Shah, J., dismissed that petition and it is from that order of dismissal that this appeal is preferred. The appellant and the petitioner entered into an agreement with the respondent company, the Hind Constructions, Ltd., by which he agreed to act as a sub-contractor in respect of a contract which the respondents had taken. That agreement was entered into on 5th January 1948. In respect of the payment to be made under the agreement there were disputes between the petitioner and the respondent company and the disputes were referred to the arbitration of Dr. Pandya on 8th January, 1949. Dr. Pandya was the general manager and an ex-officio director of the Hind Constructions Ltd. Dr. Pandya directed that an interim payment of Rs. 40, 000 should be made to the petitioner on 11th January 1949 and on 13th January, 1949, he made his award. By this award he directed a further sum of Rs. 10,000 to be paid to the petitioner. The present petition to set aside the award was filed on 23rd April, 1949. The award was challenged on various grounds, but only two grounds and substantially one g