An agreement was executed on 24-02-2000 between U. P. Jal Vidyut Nigam, Lucknow, the predecessor in interest of the petitioners and the respondent for the construction work relating to Penstock, Anchor and Saddle blocks and Power House Building at Pilangad, M. H. S. (2x1125 kw) in District Uttarkashi.

2. Disputes having arisen between the parties with respect to the aforesaid agreement and the execution of the aforesaid work, on 27-09-2005, this Court in-Arbitration and Conciliation Act, 1996 (1996 Act for short) appointed Sri Justice I. P. Vashistha (Retd.) as the single Member Arbitral Tribunal. Later on, Sri Justice I. P. Vashistha was re placed by Sri Justice V. N. Mehrotra by an order dated 23-12- 2005 passed by this Court. The learned arbitrator gave his Award on 28-05-2007.

3. Whereas the petitioners herein dissatisfied with the Award, filed an ap plication U/s 34 of 1996 Act in the Court at Dehradun, the respondent herein also dissatisfied with the Award, filed an ap plication U/s 34 of 1996 Act on 24-08-2007 in the Court of District Judge, Uttarkashi. In the proceedings initiated by the respondent U/s 34 (Supra) be fore the District Judge, Uttarkashi, the petitioners herei

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