ORDER

This appeal arises out of arbitration proceedings. Clause 19 of the Arbitration Agreement entered into between the parties reads thus.

"All disputes and differences arising out of or in any way touching or concerning this agreement whatsoever (except as to any matter the decision of which is expressly provided for in the contract) shall be referred to the sole arbitration of any person appointed by the F.C.I.... It is also a term of this contract that no person other than a person appointed by the F.C.I. as aforesaid should act as arbitrator and if for any reason that is not possible the matter is not to be referred to arbitration at all."

2. The admitted case of the parties is that no arbitrator was appointed by the Food Corporation of India. The terms of the contract clearly stipulated that in case there is no agreement on the appointment of the sole arbitrator then no person other than the person to be appointed by the F.C.I. can act as an arbitrator and where it is not possible to appoint such an arbitrator, then the matter is not to be referred to arbitration at all.

3. The Award made by the Arbitrator [who had not been appointed in the manner prescribed by Clause 19 (supra)