JUDGMENT

S. P. BHARUCHA, J. - These are cross-appeals and they can be disposed of by a common judgment. The Industrial Development Corporation of Orissa Ltd., (IDCO) is the appellant in Civil Appeal No. 571 of 1980 and Jajodia (Overseas) Private Ltd., (JOPL) is the appellant in Civil Appeal No. 572 of 1980.

2. IDCO and JOPL entered into an agreement whereunder IDCO agreed to supply to JOPL 5000 tonnes of M.S. Rounds for export on the terms and conditions mentioned therein. The goods were not supplied. By a letter dated September 12, 1969, IDCO cancelled the agreement and intimated to JOPL that its offer, which had culminated in the agreement, should be treated as withdrawn. There was some correspondence between the parties. Thereafter the claim against IDCO for damages for breach of contract made by JOPL was referred to the Chief Secretary to the Government of Orissa, the arbitrator named in the agreement, for adjudication. The Chief Secretary declined to act as arbitrator. Thereupon JOPL filed a suit under Section 20 of the Arbitration Act, 1940, in the Calcutta High Court praying that the agreement be taken on file and the dispute between JOPL and IDCO be referred to an arbitrato