- (1.) SINCE common questions of law and facts in both the petitions are involved, the same are being decided, with the consent of learned counsel for the parties, by a common judgement and order.
(2.) HEARD Sri Virendra Misra, learned counsel for the petitioner and learned Additional Chief Standing Counsel appearing for the respondents.
(3.) UNDER challenge in these two writ petitions are two separate awards given by the learned Arbitrator on 30.05.1993 and the orders passed by the learned Civil Judge,Barabanki dated 21.11.1994 and the orders dated 19.03.2002 passed by the learned Additional District Judge, Court No.8, Barabanki in Regular Civil Appeal. Submission of learned counsel for the petitioner challenging the aforesaid orders is two -folds: -(i) that the petitioner was denied appropriate opportunity of hearing before the arbitrator and (ii) that the award given by the arbitrator is nullity in view of the provisions contained in Clause 3 as amended in the State of U.P. of the First Schedule appended to the Arbitration Act, 1940, read with Section 3 of the said Act.;