( 1 ). THE abovenamed petitioner has filed this petition under Section 20 of the Arbitration Act, 1940 (for short the `act ) praying for a direction on the respondent to file the arbitration agreement and thereafter for making an order of reference to the arbitrator in terms of the arbitration clause contained in the agreement dated 5th October, 1981.

( 2 ) THE petition has been filed with the averments and allegations that petitioner is a company duly incorporated under the Companies Act and Mr. M. L. Jotwani, one of the director of the petitioner company, is duly authorised to sign and verify the petition and institute the same. The respondent company was awarded the contract at Baghdad (Iraq) for the construction of Jad Riyah University project and on 5th October, 1981 entered into an agreement sub-contracting the electrical work to the petitioner. After the petitioner completed the work entrusted to it in terms of the agreement, the respondent vide its letter dated 18th May, 1989 confirmed that a sum of US Dollars 4. 40 lacs was payable by it to the petitioner which letter was counter signed by the petitioner in token of its confirmation of the amount of US Dollars 4.