Mohammad Rafiq, J.

The dispute in the present Arbitration Application and Civil Miscellaneous Appeal is between the same parties and therefore both were clubbed by order of Hon'ble the Chief Justice and are being decided together.

2. Arbitration Application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, 'the Arbitration Act') by two applicants, namely, Manish Vyas and Dr. Rajesh Kumar Singh (hereinafter shall be referred to as 'claimants'), inter-alia with prayer that upon setting aside the award dated 08.01.2007 passed by the learned Arbitrator, a new and independent Arbitrator may be appointed for resolving the dispute between the parties. Civil Miscellaneous Appeal has been filed by non applicants (hereinafter shall be referred to as non-claimants), namely, Dr. Sohan Lal Sihag, Manjeet Singh and Dr. Ram Sagar Nagar, challenging the judgment dated 31.03.2010 passed by the Additional District Judge No.3, Jaipur City, Jaipur, in Civil Miscellaneous (Arbitration) Case No.30/2009, who, while allowing the objections filed by non-applicant-claimants Manish Vyas and Dr. Rajesh Kumar Singh, set aside the award dated 08.01.2007.

3. Essenti