( 1 ) THIS appeal is from an order of Datta, J.

( 2 ) THE respondent made an application for an order that Agreement No. 694/ Con/ser/62 be filed and for an order for payment of costs

( 3 ) THE respondent in the petition alleged that the said agreement 694/con/ SER/62 dated 10 July. 1962 was entered into by the plaintiff and the defendant. Relevant portions of the agreement are set out at pages 4 and 5 of the paper book. The respondent alleged in the petition that disputes and differences arose and the respondent claimed under the said agreement large sums of money which the appellant disputed or refused to pay. The further al-legations of the respondent were that by a letter dated 3-1 October, 1964 the respondent called upon the General Manager to invoke Clause 63 of the general condition and to appoint arbitrators. Clause 63 is for the sake of brevity described as an arbitration agreement. The respondent alleged that the authorities did not appoint any arbitrator. The respondent alleged that the disputes were within the arbitration clause. On these allegations the respondent prayed for an order for filing of the arbitration agreement.

( 4 ) THE appellant filed an affid