RAMAPRASADA RAO J. :- This appeal is directed against the order of Paul J. in Appln. No. 2703 of 1972 in O. P. 195 of 1971.

2. In connection with certain disputes which arose between the appellant and the respondent, one Mr. V. Venkataraman was appointed as Arbitrator by the appellant in the first instance and as per clause 21 of the arbitration agreement the respondent was called upon to nominate its arbitrator. On the failure of the respondent to do so, Mr. Venkataraman, in accordance with law, became the sole Arbitrator and he entered upon the reference as per the arbitration agreement in or about Aug. 1970. We are not, in this appeal, quoting the arbitration agreement, or the nature of the dispute between the parties, as it is not necessary.

3. The sole Arbitrator Mr. Venkataraman gave notice of his having assumed office, to both the parties and asked them to attend the enquiry on a date fixed by him in Aug. 1970. The respondent was not prepared to participate in the enquiry and wanted the Arbitrator not to proceed with the enquiry. In spite of it, the Arbitrator who was entitled to proceed with the enquiry in terms of his appointment, intended to hear the parties and fi