( 1 ) THE respondent was awarded a contract for construction of 50,000 MTC godown alongwith electrical installations and internal roads by the petitioner. During the course of execution of the aforesaid work disputes arose between the parties. Subsequently, the respondent suspended and stopped work and accordingly the contract with the respondent was terminated and the petitioner proceeded to issue a fresh tender for the incomplete work at the risk and cost of the respondent. The petitioner and the respondent requested the Managing Director of the petitioner to appoint an arbitrator in terms of clause 25 of the conditions of the contract and REFERRED TO the claims of the parties to the said arbitrator. The appointing authority namely the Managing Director of the petitioner by his letter dated 15. 10. 1987 appointed Shri M. C. Johari as the arbitrator and the two claims of the petitioner and also about 7 claims out of total of 10 claims of the respondent were REFERRED TO to the said arbitrator for decision. The claims No. 1,2,4,6 and 8 of the respondent were not REFERRED TO to the arbitrator as the same were considered to be `excepted matters by the petitioner. The