"C.R."

1. Could an Arbitrator appointed in terms of an agreement between the parties set aside an exparte award after it is signed, is the question urged for a decision in this Writ Petition.

2. Under terms of an agreement executed between petitioners and respondents and in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (for short, "the Act") the dispute between them was referred to the sole Arbitrator. The Arbitrator passed an award. Petitioners, claiming that the award was passed without notice to them filed application before the Arbitrator to set aside the award accompanied by an application to condone the delay in filing that application. The Arbitrator, observing that he has no power to set aside the award dismissed both the applications. Petitioners wanted to challenge that order before the learned District Judge. Petitioners state that their appeal petition was not received in the office of learned District Judge. Hence this Writ Petition praying that learned District Judge may be directed to receive Ext.P3, appeal petition and Ext.P4, application for stay and proceed with the same in accordance with law. Learned counsel for petition