The judgment of the Court was as follows :––

The petitioner has taken out the present application sections 5, 11 and 12 of the Arbitration Act for revocation authority of the arbitrator, for his removal and appointment of arbitrator.

2. The application has been made under the following circumstances. The petitioner entered into a contract dated 17.3.78 with the respondent for construction of Sealdah Railway Station's platform No. 4A and No. 5. This agreement contained an arbitration clause. This arbitration clause provided that if the claim of the claimant would exceed Rs. 3,00,000/- then the dispute arising out of this contract would be decided by two arbitrators. The parties also agreed regarding the qualifications of the persons to be appointed as the arbitrators. Clause 63(2) provided that both the arbitrators must be Railway officers of equal status. Clause 63(b) of the contract provided:

"The Railway will send a panel consisting of more than three names of Gazetted Officers of one or more departments of the Railway to the contractor who will be asked to suggest to the general manager one name out of the list for appointment as the contractor's nominee. The general manage