JUDGMENT

O.P. Dwivedi, J. This appeal under section 37 of `The Arbitration and Conciliation Act, 1996 (for short the `Act') has been filed against Award dated 1.3.2004 passed by Justice H.C. Goel (Retd.) allowing respondent's application under section 16 of the Act thereby holding that constitution of the arbitral Tribunal is not in accordance with the arbitration clause and as such he has no jurisdiction to decide the matters in dispute between the parties.

2. Briefly narrated facts leading to this appeal are that appellant contractor is engaged in the profession of architects, engineers and town planners. Under an agreement dated 12.8.2000 between the parties appellant undertook to carry out the works connected with the construction of flats at Vasundhra (Ghaziabad) for respondent society. It appears that some disputes had arisen between the parties and respondent society terminated the agreement dated 12.8.20 00. According to the appellant termination of the agreement was unlawful. Appellant served legal notice dated 21.6.2001 calling upon the respondent to pay damages on account of-unlawful termination of the contract. Appellant also proposed the names of Justice Avadh Bihari