( 1. ) THIS writ petition is filed by the defendant under Article 227 of the Constitution of India, being aggrieved by the order dated,llth August 2008 passed by Seventh Additiopal District judge, Indore in Misc. Judicial Case No. 13/03 whereby the learned Additional District judge has dismissed the application filed by the present petitioner under Section 2 (l) (e) of the Arbitration and Conciliation act, 1996.

( 2. ) BRIEF facts of the case giving rise to this writ petition are that there was some agreement between the petitioner and the respondents, in execution of which certain dispute arose between the parties and the matter was referred to Arbitrator as per the provisions of the Arbitration and Conciliation Act, 1996 (for brevity the "arbitration act" ). The Arbitrator passed award on 11-4-2003. ( 3. ) RESPONDENT No. 1 filed an application under Section 34 of the Arbitration Act for setting aside the award dated 11-4-2003. The said application was registered as Arbitration Case No. 13/03 before the Seventh additional District Judge, Indore.

( 4. ) DURING the pendency of these proceedings, an application under Section 2 (1) (e) of the Arbitration Act was filed by the pre