Hon’ble Amitava Lala, J.—These are the appeals under Section 39 of the Arbitration Act, 1940 (hereinafter referred to as the Act, 1940) arising out of the order/s passed by the learned IInd Additional Civil Judge (Junior Division), Agra on 19th February, 1996 in Arbitration Petition No. 499 and 500 of 1995 (M/s Sheikhein International v. Agra Development Authority, Agra and others). Since both the appeals are similarly placed and connected with each other, the same are heard analogously and decided by this solitary judgement.

2. The sole issue in the aforesaid appeals is that without giving adequate opportunity to the appellants the learned Judge appointed an arbitrator, thereby the orders impugned passed by the learned Court below are wholly without jurisdiction and are liable to be set aside. In this context the appellant relied upon the Clause-30 of the Contract, which provided an arbitration clause as follows :

"30. In case any dispute or difference shall arise between the Agra Development Authority and the contractor either during the progress of the work or after its completion or after the determination, breach of the contract concerning the work or execution thereof