RAVI R.TRIPATHI, J.

1. The present appeal is filed by the Executive Engineer, Sardar Sarovar Narmada Nigam Ltd. (“SSNNL” for short), who was the petitioner before this Court in Special Civil Application No.400 of 2002, which came to be dismissed by the learned Single Judge by judgment and order dated 29.12.2005.

2. To have the idea of the controversy involved in the matter, it is necessary to set out the following facts.

2.1 Special Civil Application No.400 of 2002 was filed by the present appellant-original petitioner (hereinafter referred to as “the petitioner”) challenging the order passed by the sole Arbitrator appointed by opponent No.1 herein-Bhaven Construction (hereinafter referred to as “the respondent”) unilaterally despite the fact that a letter was written by the petitioner as early as on 23.11.1998 (Annexure-B to the petition). The sole Arbitrator passed an order on 20.10.2001 on an application submitted by the petitioner and held that, 'he has the jurisdiction to adjudicate claim submitted by the respondent herein'. The petitioner herein awarded a contract to the respondent for 'manufacturing and supplying' of bricks of size 223 mm x 112.5 mm x 70 mm for Brick L