N.K.Sodhi, J.

1. Whether the appointment of an Arbitrator and his decision over-ruling the challenge to his appointment can be questioned in a petition filed under Article 226 of the Constitution and more so before the award has been made, is the question of law which arises for determination in this case. Facts giving rise to this petition which are not in dispute may first be noticed.

2. By an agreement dated October 26, 1994 executed between the Punjab State Co-operative Supply and Marketing Federation Limited, Chandigarh (for short the Markfed) and M/s Herike Rice Mills, Mehalkalan (for short the Miller), the former agreed to have paddy milled into rice from the latter on the terms and conditions contained therein. There was an arbitration clause in the agreement which expressly stipulates that all disputes and differences arising out of or in any manner touching or concerning the agreement, whatsoever, shall be referred to the sole arbitration of the Managing Director of Markfed or any person appointed by him in this behalf and that it will be no objection to any such appointment that the person appointed is or was an employee of the Markfed or that he had to deal with