Ramratna Singh, J.

1. This appeal arises out of an arbitration proceeding. The appellants are owners of a colliery while the respondent was a mining contractor who worked the mines on behalf of the appellants under an agreement dated the 20th June, 1962 On the 15th October, 1963 the respondent made an application under Sec.20 of the Indian Arbitration Act, 1940 before the 2nd Subordinate Judee, Dhanbad, and ultimately two arbitrators were appointed, namely. D.T Jani (nominated by the plaintiff respondent and Sitaram Singh (nominated by the appellants). On the 23rd November, 1964 the appellants defendants filed an application for the appointment of a receiver to manage the colliery On the 18th December, 1964 the learned Subordinate Judge appointed defendant No 3, Bhupendra Nath Lala as receive) after hearing both the parties.

The plaintiff respondent, then, preferred Miscellaneous Appeal No 1 of 1965 in this court against the said order, and that appeal was disposed of by this court on the 16th March, 1965. In the meantime, on the 27th January 1965 the defendants appellants filed an application before the Subordinate Judge for a claim of Rs 3,10,000 to be forwarded to the ar