Harilal Agarwal, J

This application in revision has been filed by the applicant who had made an application under section 33 read with section 9 of the Arbitration Act in the court below for a declaration that the disputes referred to by the opposite party to the Arbitrator were not referable to him under the arbitration clause between the parties.

Opposite party No. 1 has executed a contract work of the petitioner company of raising the height of a slag pond embankment in January, 1973. After the completion of the work one arbitration proceeding had already taken place between the parties with respect to certain dispute between them and the opposite party obtained an award in their favour. After that opposite party No. 1 raised some further disputes and the stand of the petitioner in that regard was that they were not referable as they were within "accepted matters". Some correspondence followed between the parties in this connection and on the petitioner's continued resistance the opposite party No. 1 appointed opposite party No. 2 as their sole Arbitrator and asked him to decide the disputes. This led the petitioner to the filing of the application, as already indicated ear