HARI LAL AGRAWAL, J.

1. This application under Sec.115 of the Civil P. C. arising out of an order passed under Section 8 of the Arbitration Act (briefly the Act) by the court below on an application filed by opposite party No. 1. has been referred to the Division Bench by a learned single Judge as some important points of law are involved in this case. The main question of law is as to whether the court exercising powers under Section 8 of the Act could appoint a new arbitrator in place of the named arbitrator in the arbitration clause of the agreement between the parties.

2. The relevant facts are these: According to the case of opposite party No. 1 (being the managing partner of the firm of the petitioner), the petitioner had entered into a contract with M/s. Heavy Engineering Corporation for erection of a steel structure work of about 950 metric tonnes and machinery repairing, and other equipments, for boiler house and Gas producer plant of bio-proximately 1800 metric tonnes. This job was entrusted to opposite party No. 1 under a work order dated 4-2-1971 containing an arbitration clause to the effect that in case of any, dispute between the parties i.e. the petitioner,