JUDGMENT

B. P. JEEVAN REDDY, J. :- Heard counsel for the parties.

2. Leave granted.

3. The civil appeal is directed against the judgment of a Division Bench of Kerala High Court allowing the appeal preferred by the State of Kerala and setting aside the order of the learned Subordinate Judge, Thiruvanathapuram. On an application made under S. 20 of the Arbitration Act by the appellant, the learned Subordinate Judge had directed the appointment of an arbitrator to decide the dispute and differences between the parties. He directed both the parties "to submit their panels of arbitrator to be appointed within ten days from the date of the order" for that purpose. A Division Bench set aside the said order on the ground that the very application under S. 20 was barred by limitation.

4. An agreement was entered into between the appellant and the State of Kerala on 19-2-1966 whereunder the appellant under. took to carry out certain work within a period of ten months. He did not complete the work within the period prescribed whereupon the contract was terminated on 19-12-1968 and the work re-tendered. It was completed by another contractor. State of Kerala took proceedings under the provisions