JUDGMENT

Leave granted. Heard both the counsel.

2. The appellant had on January 27, 1982 had entered into a contract with the respondent to construct a theatre. He completed the work and handed over the same to the respondent in May, 1985. During the execution of the contract a dispute had arisen on certain items of the work which was sought to be decided by arbitration. The appellant, therefore, filed O.S. No. 20 of 1986 in the Court of Subordinate Judge, Trivandrum under S. 20 of the Arbitration Act, 1940, for short the Act for reference to an Arbitrator. The respondent contended that there is no arbitrable agreement under the contract. Overruling the objection, the Subordinate Judge by his order dated June 5, 1986 held that Clause 73 of the Madras Detailed Standard Specifications for short MDSS would apply to the dispute which contains an arbitrable clause and, therefore, by order dated 2nd July, 1986 appointed a retired District Judge as an Arbitrator. On appeal by the respondent in M.F.A. No 460 of 1986, by order dated December 15, 1986, the Division Bench of the Kerala High Court held that Clause 73 of MDSS is inapplicable. There is no arbitrable agreement for reference to the