1. This is an appeal under section 37 of the Arbitration and Conciliation Act, 1996 assailing judgment dated 23.8.2002 passed by the V Additional District Judge, Bhopal, in Arbitration Case No. 81/2002 by which the objection raised by the respondents in respect of misconduct of the arbitrator had been sustained and award has been set aside.

2. Respondents, inspite of service, have not caused their appearance.

3. The facts of the case are that there was an agreement between the appellant and respondent No.1. Para 12 of the contract provides an arbitration clause in respect of any dispute between the parties. Both the parties were entitled for appointment of one arbitrator each. But in case of no consensus, parties were free to approach the Court for appointment of the arbitrator. Appellant filed a Civil Suit No. 61 A/95 before the V Additional District Judge, Bhopal, for appointment of the arbitrator which was allowed by judgment dated 4.4.2000. Both the parties proposed the name of arbitrator Shri S.N. Johri, Advocate, and with the consent of the parties, it was directed that the proceedings shall be held at Bhopal. As both the parties consented for the appointment of Shri S.N.