Sonia Gokani, J.

1. The appellant in this appeal has challenged the legality and propriety of the judgment and order dated 23rd March, 2006 passed by the learned 5th Addl. Senior Civil Judge, Vadodara rendered in Misc. Civil Application No. 95 of 2004, rejecting the application preferred by the present appellant for setting aside the Award dated 22ndJanuary, 2004, in the following factual background.

Factual background:

The appellant had advertised by way of local newspapers for the contract for manufacture and supply of poles, wherein, the respondents were found to be the successful bidder. Some disputes and differences arose between the parties, and therefore, the respondents/claimants filed Misc. Civil Application No. 214 of 1982 under Secs. 8 and9 of the Arbitration Act, 1940 before the learned Civil Judge (S.D.), Vadodara for the appointment of Arbitrator. The Court appointed one Shri M.S. Iyengar, Chief Engineer (Arbitrations), Roads & Buildings Department, Government of Gujarat as the sole Arbitrator. However, Shri Iyengar vide his communication dated 30th January, 1985 showed his unwillingness to act as an Arbitrator.

2. The respondent thereafter preferred Misc. Civil A