JUDGMENT :

RAJNISH KUMAR, J.

1. Heard, Shri Rakesh K. Chaudhary, learned counsel for the appellants alongwith Shri Aditya Pandey, Advocate and Shri Vibhanshu Srivastava, learned counsel for the respondents.

2. This First Appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (here-in-after referred as Act of 1996) has been preferred against the judgment and decree dated 16.09.2013 passed in Regular Suit No. 17 of 2011; Uttar Pradesh Rajya Bhandaran Nigam Ltd. and Others vs. Uttar Pradesh Purva Sainik Kalyan Nigam Ltd. by the District Judge, Lucknow and to set aside the award dated 16.01.2011 passed by the sole Arbitrator in Arbitration Case No. 28 of 2008; Uttar Pradesh Purva Sainik Kalyan Nigam Ltd. vs. The Managing Director, Uttar Pradesh Rajya Bhandaran Nigam Limited and Others by allowing the application under Section 34 of the Arbitration and Conciliation Act, 1996 (here-in-after referred as the Act of 1996).

3. Learned counsel for the appellants submitted that there was no Arbitration Agreement between the parties and it could not have been even by consent of parties, therefore the arbitration could not have been held and the judgment and award passed by the