( 1. ) IN this intra- Court appeal preferred under Section 2 (1) of the M. P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the sustainability and legal acceptability of the order dated 1-10-2002 passed by the learned Single Judge in W. P. No. 1055/2002 is called in question.

( 2. ) THE facts which are requisite to be dwelled upon are that the respondent Nos. 1 and 2 invoked the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India for issue of a writ of certiorari for quashment of the award dated 24-12-2001 which has been made the rule of the Court by the learned Vth Additional District Judge, Bhopal. The award was passed by the learned Arbitrator, the respondent No. 5, in an arbitration proceeding under the provisions of the Arbitration and Conciliation Act, 1996 (for short 1996 Act ). As is manifest from the order of the learned Single Judge that the contract was awarded in favour of the present appellant by the M. P. State Mining corporation (for short the Corporation) and as some dispute arose, the owner rescinded the contract and forfeited the amount of security. The appellant invoked the arbitration clause and eventually the