(1.) THIS is a petition under section 33 of the Arbitration Act, 1940 seeking to set aside an Award dated 26th March, 1990 made by Shri N. A. Shah, Advocate. By an order dated 7th October, 1988, Pendse, J. , decreed Arbitration Suit No. 2031 of 1988 by consent of parties and appointed Mr. N. A. Shah, Advocate, as sole arbitrator to decide all disputes and differences between the parties. By the said order, the arbitrator was directed to publish the award within a period of four months from the date of entering upon the reference. It was specifically provided in the order of reference that the arbitrator will have summary powers and will not have to give reasons.
(2.) BY an order dated 22nd February, 1990, time to make and publish the Award was extended by this Court upto 31st March, 1990 as recited in the award.
(3.) THE short facts which are required to be stated for the purpose of the disposal of this petition are as under :---