( 1 ) THIS appeal has been filed purportedly under Clause (10) of the Letters Parent of Lahore High Court as applicable to Delhi High Court. Challenge is to the judgment of learned Single Judge dated 12. 2. 2001 in IFAO 75 OF 2001 holding the same to be not maintainable under Section 37 (2) of the Arbitration and Conciliation Act, 1996 ( in short the Act ). Subject matter of the said appeal was order dated 12/01/2001 passed by the Arbitrator appointed pursuant to the directions given by this Court in OMP 173/2000.

( 2 ) FIRST appeal was filed as an application before the Arbitrator to implead respondents 2 to 6 herein was rejected by the Arbitrator on the ground that there was no arbitration agreement between the appellant and the said respondents and therefore, there is no question of impleading respondents 2 to 6 herein as parties to the arbitration proceedings. In the FAO, stand of the appellant was that order of the Arbitrator is under Section 16 (2) of the Act and consequently an appeal against the said order is maintainable. Learned Single Judge held that the matter raised before the Arbitrator by the appellant and decision taken therein was not encompassed by S