( 1 ) THIS order shall also govern the disposal of Misc. (First Appeal No. 117 of 1970 a. Krishnamurthy v. The State) Both these appeals are filed under Section 39 (1) (vi) of the Arbitration Act, 1940, against judgment of the Additional District Judge, mandsaur setting aside the award.

( 2 ) THE plaintiff-appellant in each case filed the suit for recovery of the amount claimed as due from the State Government on the basis of a building contract. On the suit being filed, the defendant State of Madhya Pradesh applied for staying the suit on the ground that there was an arbitration agreement between the parties, according to which, the dispute was to be decided by arbitration. Ultimately such an objection by the defendant was sustained and the dispute was referred for adjudication by the Arbitrator. Shri B. V. Subbarao, Superintending Engineer, irrigation Department of the State Government. There was no agreement made between the parties with regard to the remuneration to be paid to the arbitrator and the court while referring the dispute to the arbitrator also did not fix the remuneration payable to the arbitrator, It appears that the question of remuneration payable