Judgment

JUDGMENT:.- The respondent-contractor executed certain works in pursuance of an agreement which was reduced to writing containing an arbitration clause providing for settlement of disputes between the parties by arbitration of 3 persons holding the post of the Chief Engineer, Srisailam Project, the Deputy Secretary to Government, Finance Department, and the Director of Accounts, Sriramsagar Project, at the relevant time. Accordingly, a dispute which arose between the parties was referred to them for settlement. The matter, however, remained pending and was not disposed of expeditiously and the respondent made an application under the provisions of the Indian Arbitration Act, 1940 before the civil court. The petitioner, State of Andhra Pradesh, opposed the prayer of the respondent-plaintiff for appointing a single arbitrator, inter alia, on the grounds that the arbitrators had not defaulted in doing their duty and that in any event a single arbitrator could not be appointed by the court in view of the specific provisions in the Agreement. The learned Subordinate Judge overruled the objections and removed the panel of 3 arbitrators and appointed a retired Chief Engineer as th