JUDGMENT :

Heard the learned counsels for the parties.

2. Arbitration Appeal No.2 of 2018 has been filed for the following relief:

“That the appellant herein prays for setting aside the order dated 17.11.2017 passed by learned Sub-Judge-I, Bermo at Tenughat in Misc. Arbitration Case No.03/2010 whereby and whereunder the said learned court has been pleased to set aside the award dated 19.03.2007 passed by Shri R.D. Roy retired Chairman-cum-Managing Director (in sort CMD) Western Coalfields Limited (in short as WCL) (Sole Arbitrator) on the ground that the Hon’ble High Court of Jharkhand at Ranchi in Arbitration Application No.25/03 alongwith other analogous cases being A.A. No.26, 27 and 28/03 vide order dated 04.11.2003 was pleased to appoint Director (Technical) Project and Planning Division, Central Coalfields Limited, Darbhanga House, Ranchi, but the said Director (Technical) appointed Shir R.D. Roy, former CMD (WCL) as a sole Arbitrator to adjudicate the dispute between the parties without appreciating the fact that said Shri R.D. Roy was appointed by the said departmental arb