JUDGMENT : – Heard finally. This appeal has been preferred under section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act, 1996”) against the order dated 5-7-2016, passed by the XV Additional District Judge, Indore in arbitration case No. 86/2013, wherein an application filed by the appellant/defendant under section 34 of the Act of 1996 has been rejected affirming the award passed by the sole arbitrator on 10-5-2013.

2. In brief, the facts of the case are that the appellant is a proprietorship concern and is running its business in the name and style of ‘Chokhi Dhani’. In the year 2003, the appellant entered into an agreement with the respondent M/s J. S. Construction as the contractor for construction of a water park, Clause 46 of which refers to arbitration. In connection with the said agreement, a dispute arose between the parties in respect of payment towards the work carried out by the contractor as it was alleged by the contractor that the appellant has withheld an amount of Rs. 14,95,960/- due to it and thus, for the appointment of an arbitrator, an application under section 11 of the Act of 1996 was also filed by the respondent before t