JUDGMENT : 1. Special Leave to appeal granted. 2. We have heard Mr. Abdul Khader, learned counsel for the appellant and Dr. Chitale, learned counsel for the respondents. 3. On the point of law raised herein we are not inclined to examine the matter in view of the fact that objection to the appointment of second respondent as arbitrator was not taken at the time of appointment. Further, the trial court has recorded a finding that the present appellant had participated in the arbitration proceeding but it was not made clear to us how far proceeding has progressed. 4. After hearing learned counsel on both sides, a fair suggestion was trade that instead of respondent No. 2 being arbitrator, the Arbitration Tribunal set up by Orissa State be appointed as arbitrator. We accordingly appoint the Arbitration Tribunal Orissa to enter into arbitration and make the award on the points involved in the dispute. The Arbitration Tribunal should make the award within four months from the date of the receipt of this order. All contentions that can legitimately be raised before the arbitrator are kept open. The record of arbitrator be sent by respondent no. 2 to the Arbitration Tribunal. 5. Order accordingly.