( 1. ) PETITIONER is assailing the interlocutory order (P-11) passed by the Arbitrators on 17-8-2002 under Section 16 (2) read with Section 16 (4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act ).

( 2. ) PETITIONER filed an application (P-8) under Section 16 (2) read with Section 16 (4) of the Act raising the objection to the effect that there is no arbitration agreement in existence, as such the proceedings are not maintainable at the behest of M/s. Klen and Marshal (M and E) Ltd. Another question raised is whether any award can be passed which may be binding on other consortium members. Petitioner submitted that such a plea cannot be precluded merely because arbitrators were appointed or there was participation in the appointment of arbitrator by the parties. The initiation of these proceedings and its continuation is without authority of law and contrary to the contract entered into in pursuance to order dated 29-3-1996. The learned arbitrators have held that they have the jurisdiction as the matter has been decided by this Court in Misc. Appeal No. 232/99; question of jurisdiction was also dealt with in order (P-5) dated 8-3-2001; there