( 1 ) THIS is an appeal directed against an order passed by a learned Single Judge of this Court disposing of an application under Sections 8 (1) (b) and 20 of the Arbitration Act, 1940, and directing appointment of a retired learned Judge of this Court to act as an arbitrator and to adjudicate upon the disputes between the parties.

( 2 ) THE arbitration clause between the parties reads as under :-

"except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right matter or thing whatsoever, in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions orders or these conditions or otherwise concerning the works or the execution or failure to execute the same w hether arising during the progress of the work or after the completion or abandonment thereof shall be REFERRED TO to the sole arbitration of the person appointed by the Chief Engineer, Incharge of the work at the time of dispute or if ther