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3. The Petition was allowed on 10.05.1994 by appointing Sh. Parijat Sinha, Advocate as the arbitrator to enter upon reference and adjudicate upon the disputes between the parties. The Order also provided for the arbitrator to make and publish the award within four months from the date of the reference of disputes to the arbitrator and gave liberty to respondent no.1 to also submit their disputes to the arbitrator.

4. The arbitrator, Mr. Parijat Sinha, however, expressed his inability to conduct the arbitral proceedings resulting in filing of an application in the earlier suit for appointment of a substituted arbitrator. In terms of the Order dated 09.09.1998, Mr. N.N. Chakraborty was appointed as the sole arbitrator. The said arbitrator after entering upon reference made and published the Award dated 09.07.2003 allowing part claims of the petitioners. The respondent no.1 aggrieved by the same, has filed the present objections.