B. C. CHAKRABARTI, J.

( 1 ) THIS Rule at the instance of Food Corporation of India and two others is directed against Order No. 97 dated 21-1-1978 passed by the learned Subordinate Judge, 1st Court, Howrah in Misc. Case No. 87 of 1975 dismissing an application of the petitioners under Section 5 of the Arbitration Act, read with Section 151 of the Code of Civil Procedure and raises a short question namely whether in the given facts of the case, application of Section 8 (1) of the Arbitration Act is ruled out.

( 2 ) FACTS relevant for appreciation of the point urged are not in dispute. The opposite party Sunil Krishna Samanta had been carrying on business of storing of food grains belonging to the Food Corporation of India (hereinafter called F. C. I.) and entered into an agreement with the F. C. I. The agreement contained an arbitration clause. Clause 41 of the agreement provides that all disputes and differences arising out of or touching or concerning the agreement shall be referred to the sole arbitration of any person appointed by the Managing Director of the F. C. I. It is also provided therein that no person other than a person appointed as such should act as arbitrator and

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