JUDGMENT :

1. Heard Sri Mata Prasad alongwith Sri Baleshwar Chaturvedi learned counsels for the appellants and Sri Rahul Agarwal learned counsel for the respondent.

2. The above noted two appeals have arisen out of the order passed in Original Suit No. 425 of 1983 by the Civil Judge, Aligarh making the arbitral award Rule of the Court and the order in execution case arising out of the said decree. The executing court passed orders of attachment of the bank account of the appellants in execution of the award. By the order dated 17.5.1985 passed by this Court, the operation of the impugned attachment order had been stayed. As a result of dismissal of these appeals for non-prosecution, a fresh attachment order dated 6.3.2019 had been passed.

The ground pressed to challenge the aforesaid orders are that the arbitral award was void-ab-initio, inasmuch as, the Arbitrator lacked jurisdiction. The subsequent proceeding in execution of the award, therefore, are liable to be set aside.

3. Brief facts of the case relevant to decide the controversy, admitted to the parties, are that an agreement was entered into between the appellant and the respondent no. 2 on 9th May, 1964, whereby the appellant