B.D.Singh, J.

1. These two miscellaneous appeals under Sec.39 of the Arbitration Act, 1940 (hereinafter referred to as the Act) have been filed by Satya Narayan Agarwalla, being aggrieved with the order of the Subordinate Judge II, Dhanbad, dated the 8th December, 1969, passed in Miscellaneous Cases Nos. 55 and 113 of 1969, whereby the learned Subordinate Judge, in Miscellaneous Case No. 55, set aside the appointment of M.L. Rathor (respondent No. 7 in M.A. 48) as the sole arbitrator, made by the appellant, and dismissed Miscellaneous Case No. 113, which was filed by the appellant, for making the award given by M. L. Rathor as the decree of the Court.

2. Miscellaneous Appeal No. 48 arises out of Misc. Case No. 55 which was filed by the respondents challenging the appointment of Rathor as the sole arbitrator at the instance of the appellant, whereas Miscellaneous Appeal No. 49 arises out of Miscellaneous Case No. 113 which was filed by the appellant for making the award given by Rathor as the decree of the Court. Both the miscellaneous cases were heard together by the Court below who, after examining the evidence on record and hearing the parties, came to the conclusion refe