Rajiv Sahai Endlaw, J.

1. This intra-court appeal impugns the judgment dated 09.07.2004 of the learned Single Judge allowing W.P.(C) No.4967/2003 preferred by the respondent no.1 Indian Oil Corporation Ltd. (IOCL). The said writ petition was filed by the respondent no.1 IOCL against the order dated 02.06.2003 of the respondent no.2 Sole Arbitrator, in an arbitration proceeding between the appellant and the respondent no.1 IOCL.

2. The respondent no.2 was appointed as the Sole Arbitrator vide order dated 07.05.2002 of the Civil Judge (Senior Division) Panipat, Haryana in a petition under Section 11 of the Arbitration & Conciliation Act, 1996 preferred by the appellant. The respondent no.2 Arbitrator entered upon reference and directed the appellant to file its Statement of Claim with supporting documents. The appellant failed to file the Statement of Claim inspite of repeated opportunities and which lead to the respondent no.2 Arbitrator to, vide order dated 12.03.2003, hold the appellant to have lost its right to file the Statement of Claim. However since the respondent no.1 IOCL stated that it also had claims against the appellant, the matter was adjourned for the respo