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41 The Hon'ble Arbitrator entered reference by issuing notice to both parties, wherein the statement of claim was filed by the respondent and the petitioners filed reply and counter claim. The learned Arbitrator on the pleadings submitted by the parties, framed the issues referred above, for consideration.

42 The learned Arbitrator took up the Issue No.9 and decided in favour of the respondent. Prima facie appointment of an Arbitrator is not in terms of the agreement entered into between the parties which reads as under: