By consent of the learned counsel appearing before us for both the parties it is hereby directed that the question whether the Arbitrator should be summoned or not is to be decided by the trial Court after recording evidence if any and after hearing the parties in this matter. In consequence, order, dated 21st December, 1994 passed by the High Court and impugned in this petition is hereby upheld with deletion of paragraph 3 in the operative part with regard to the summoning of the Arbitrator and imposing condition therefor.
2. Likewise, in the order, dated 31st July, 1994 of the trial Court the observation to the effect that application filed by the respondent under section 33 of the Arbitration Act, 1940 is accepted is to be deemed as deleted.
3. The petition is disposed of in the terms stated above.