ARIJIT PASAYAT, J.

( 1 ) LEAVE granted.

( 2 ) CHALLENGE in these appeals is to the order passed by the learned Single Judge of the Kerala High Court disposing of arbitration request filed before him.

( 3 ) BACKGROUND facts in a nutshell are as follows:-Appellant and the respondent entered into a contract vide purchase order no. 3020/02-2701/016/1018 dated 7. 1. 1995. Alleging that in breach of the terms and conditions of the purchase order certain amounts were withheld, the appellant invoked the arbitration agreement purportedly in terms of new article 26 of the Special Conditions and suggested three names for appointment of an independent sole arbitrator and called upon the respondent to name one out of the three names. The respondent took the stand that it is only the managing Director of the respondent who can be appointed as a named arbitrator as per Article 26 of the Standard conditions and refused to appoint a sole independent arbitrator. The High Court of Kerala was moved seeking appointment of an arbitrator by Arbitration Request 29/99. Learned Single Judge declined the arbitration request on the ground that terms and conditions of the purchase order provides for arbitra