( 1 ) THIS is an application under Section 20 of the Indian Arbitration Act for filing an arbitration agreement. The arbitration agreement is a clause in the contract subsisting between the parties. The petitioner is a contractor which did certain construction works for the South-Eastern Railway Clause 63 of the General Conditions of the contract which is applicable for this kind of contracts is the arbitration clause. During the execution of works payments were made to the contractor on running bills. After completion of works the contractor's claim in the final bill including the claim for refund of initial and subsequent security deposits has been disputed by the Government. The contractor invoked thereupon the arbitration clause and called upon the General Manager to appoint arbitrator in terms of the arbitration clause. The General Manager not having complied with the above requisition, the contractor has made this application for filing the arbitration agreement and for an order of reference.

( 2 ) THERE is no question in the instant case that there is an arbitration agreement and the claim in dispute is covered by the arbitration agreement. The only point