( 1 ) THIS is respondent s (State of Madhya Pradesh) application under Section 41 of the Arbitration Act, 1940 read with Section 151 Civil Procedure Code for recalling order of reference, made on 19 May 1993 in Suit No. 968/93 filed under Section 20 of the Arbitration Act, 1940, whereby two arbitrators were appointed for adjudication of claims/disputes raised by the petitioner Builder/contractor. The material facts giving rise to the filing of the application may be summarised below :-

( 2 ) FOR construction of Vidhan Sabha Bhawan at Bhopal, M/s. Puri Construction Pvt. Ltd. (hereinafter REFERRED TO to as the Contractor), entered into a building contract with the State of Madhya Pradesh (for short the State) on 11 July, 1984. The contract Clause 29 stipulated differences/disputes arising from or in connection therewith, being decided by arbitration and the decision so given to be final, conclusive and binding on the parties. Prior to the execution of the contract, the State had passed an Act viz. , The Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (No. 29 of 1983) (hereinafter REFERRED TO to as the Act), which received the ascent of the President of India on 7 O