K. Sreedharan, J.

1. First respondent was the contractor for the work "P.I.P.R.B. Circle, formation of Kaviyoor Branch Canal, 3rd reach from Ch: 2.300 M - 3576M - including C.D. works". The agreement was executed between the parties on 24-11-1976. Disputes arose during the progress of the work and those disputes were referred to Chief Engineer (Arbitration), Thiruvananthapuram. Chief Engineer (Arbitration) on 22-5-1978 passed a "nil" award. Respondent filed O.P. (Arb) No. 59/78 under S.30 of the Arbitration Act, 1940, hereinafter referred to as 'the Act', to set aside the award. The Subordinate Judge's Court, Alappuzha, set aside the award by order dated 16-7-1980. Respondent then filed O.P. (Arb) No. 85/84 before the Subordinate Judge's Court, Alappuzha u/s. 20 of the Act for referring the disputes to a fresh Arbitrator appointed by court. This petition was transferred to the Subordinate Judge's Court, Pathanamthitta where it was re-numbered as O.P. (Arb.) 54/85. The court by judgment dated 25-9-1987 appointed Shri. Sankaragankan, retired District Judge as sole Arbitrator. -That order was challenged by the Government before this court in M.F.A. No. 94/88. A Bench of this co