H. R. KRISHNAN, J.

( 1 ) THIS revision is by Messrs Kamani Engineering Corporation (Kamanies for short), a limited liability company with its head office at Bombay and one of the parties to an arbitration proceedings, the other party being the Madhya Pradesh electricity Board (Board for short) from the order of the First Additional District judge, Jabalpur, allowing, subject to payment of special costs Rs. 1,500, the petition filed by the latter for the setting aside under Section 9 (b) proviso, of the arbitration Act of the appointment by the present applicant of his arbitrator Shri mangaldas M. Pakvasa, as the "sole arbitrator" in view of the Board's default in appointing its arbitrator within 15 days of its notice.

( 2 ) MISCELLANEOUS Appeal No. 51 of 1962 (Kamani Engineering Corporation Limited bombay v. The M. P. Electricity Board, Jabalpur), which has been heard along with this civil revision, is from the order of the Additional District Judge, refusing to stay under Section 34 of the Arbitration Act the proceedings under the proviso to section 9 (b) for setting aside the appointment of the sole arbitrator. Actually the miscellaneous appeal has not to be separately discussed

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