JUDGMENT :

1. The two instant appeals have been filed against the common judgment & order dated 01.01.2013 passed by the District Judge, Lucknow in Regular Suit No.81 of 2012 and 82 of 2012 which was contested between the same parties.

2. The appellant herein was the distributor of the respondent-corporation. The said Distributorship Agreement was entered between the parties on 11.01.1983 containing an arbitration clause. Certain disputes had occurred between the parties and consequently the appellant invoked the arbitration clause.

3. The claim of the appellant before the sole Arbitrator was rejected and the counter claim of the respondent-corporation was allowed. Being aggrieved against the aforesaid award dated 08.02.2012, the appellant preferred a petition under Section 34 of the Arbitration and Conciliation Act, 1996 before the District Judge, Lucknow which was registered as R.S. No. 82 of 2012. The appellants also moved a petition under Section 9 of the Arbitration and Conciliation Act, 1996 registered as Regular Suit No. 81 of 2012. Thus both petitions under Section 34 of the Arbitration and Conciliation Act, 1996 being Case No. 82 of 2012 and petition under Section 97 of the A