I have already heard Mr. Pushkar Narain Shahi, the learned counsel appearing on behalf of the appellants and Mr.S.K. Verma, the learned Senior counsel appearing on behalf of the respondents.

2. This Miscellaneous Appeal has been filed under Section 37(i)(b) of the Arbitration and Conciliation Act, 1996 against the order dated 21.4.2007 passed by the learned Sub-Judge-I, Patna City in Miscellaneous Application No. 3 of 2007 whereby the Sub-Judge dismissed the Miscellaneous Application filed by the appellants under Section 34 of the Arbitration and Conciliation Act, 1996.

3. It appears that the respondents filed request case no. 36 of 2005 before this Court for appointment of Arbitrator and by terms of order dated 3.7.2006, Hon'ble Mr. Justice B.P. Sharma (retired) was appointed Arbitrator to adjudicate• the dispute between the parties arising out of development agreement in question. Since Hon'ble Mr. Justice B.P. Sharma declined to proceed with the arbitration, this Court by order dated 8.9.2006 appointed Hon'ble Mr. Justice R.N. Prasad (retired) as Arbitrator to adjudicate the dispute between the parties. The Arbitrator vide his award dated 5.2.2007 held that the claimants resp