1. A short but interesting question which arises in these appeals is whether the Arbitrator could entertain the claims and disputes which had not been referred to him by the referring Court.

2. At the outset, it would be pertinent to mention that these appeals relate to the proceedings which took place before the year 1995 and therefore, it is not disputed before us that the act governing these appeals would be the Arbitration Act, 1940 (hereinafter referred to as 'the Act') and not the Arbitration and Conciliation Act, 1996.

3. The facts relevant for decision of the case are that in the year 1981, M/s. Sarvatra Road Runners (Pvt.) Ltd. (hereinafter referred to as 'the Claimant') entered into a contract with the South Eastern Coalfields Limited ((hereinafter referred to as 'the SECL') for transportation of coal. It appears that first there was an oral agreement entered into between the parties on 01.11.1981 and thereafter, a formal written agreement was entered into on 13.11.1982 but the said agreement made it clear that it was effective from 01.11.1981. Clause 21 of this agreement provided that all the disputes arising out of this contract should be referred for arbitration. On 04