( 1 ) THIS appeal has been filed by the Great Eastern shipping Company Limited a Company incorporated under the Companies Act, 1956, against the judgement and order dated 07. 04. 2003 passed by a learned single Judge of this Court.

( 2 ) BY the impugned judgement, the learned Single Judge, inter alia, held that, in the facts and circumstances of the case, the Chairman of the Board of trustees for the Port of Kolkata is entitled to appoint an arbitrator in accordance with the arbitration clause in Charter Party within a period of 4 weeks, from the date of communication of His Lordship's judgment and order and the appellants' prayer for reference of the application to the Hon'ble Chief Justice for appointment of an arbitrator was rejected.

( 3 ) SINCE impugned judgement of the learned Single Judge has been stayed pending this appeal, no arbitrator has yet been appointed.

( 4 ) THE material facts of the instant case are that under a Charter Party dated 12. 02. 2002, the appellant gave on hire a tug to the respondent on terms and conditions contained in the said Charter Party.

( 5 ) THE case of the appellant is that the said tug came to the jetty on 14. 02.