( 1 ) IN the suit filed for specific performance of agreement to sell dated 6/03/1987 in regard to flat No. 140, first floor, DDA flats. East of Kailash, New Delhi, the defendant moved this application under Section 34 of Arbitration Act, 1940 (for short the act ), alleging that in view of arbitration clause contained in the agreement dated 6/03/1987 upon differences having arisen between parties, the plaintiff filed Suit No. 2951/88 under Section 20 of the Act for referring the disputes as detailed in para No. 8 of petition to arbitration and by the order dated 20/07/1990, Justice Charanjit Talwar (Retd.) was appointed as Sole Arbitrator for adjudication of those disputes. The Arbitrator entered upon reference on 25/08/1990 on which date, D. C. Aggarwal, husband of plaintiff was present while defendant was represented by his Counsel. On time being sought by plaintiff s husband on the ground of his Counsel being out of station, the Arbitrator allowed 10 days time for filing statement of claim by the plaintiff. It is alleged that Arbitrator fixed his fee at Rs. 15,000. 00 and required the parties to pay it in equal shares. Although the defendant paid Rs. 7,500. 00 but t