S. K. ROY CHOUDHURY, J.

( 1 ) THIS is an application under Section 8 of the Arbitration Act, 1940 for appointment of an Arbitrator by the Court in place and stead of an Arbitrator who has resigned.

( 2 ) THE facts shortly are that the petitioner entered into a construction contract with the respondent dated the 26th of June, 1958, for the construction of a new railway line on the terms and conditions mentioned in the said agreement. The said agreement contained an arbitration clause in the general conditions of contract which was incorporated in the said contract between the parties. The said clauses are Clause. 62 and 63. As disputes and differences arose in terms of the said contract and the petitioner demanded reference to arbitration of the disputes in terms of the arbitration clause on or about 31st of March 1973, and as the respondent failed to refer the disputes to arbitration an application under Section 20 of the Arbitration Act, 1940, was made before this Court by the petitioner on the 6th of Sept. , 1974, being special Suit No 25 of 1974, and by an order dated the 18th of March, 1975, the arbitration agreement was directed to be filed in this Court and an order of refe

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