( 1 ) THIS is an appeal against the order of the learned single Judge dated November 8, 1995 in Suit No. 3526/92. By that order, the learned single Judge accepted the application of the respondent under section 20 of the Arbitration Act and directed the Chairman-cum-Managing Director of the appellant National Building Construction Corporation to appoint an arbitrator. The necessary facts relevant for the purpose of disposal of the appeal are as under

( 2 ) THE appellant was awarded work of construction of an Airport at Agatti Island falling in the Union Territory of Lakshdweep. by the International Airport Authority. For this purpose an agreement dated April 14, 1987 was entered by and between the appellant and the International Airport Authority of India. However, the appellant entrusted the entire work of construction of the Airport to the respondent. In this regard they entered into an agreement dated April 27, 1987 and as per clause 2 thereof, the respondent was to execute the work and receive payments for the work done at the rate stipulated in the agreement dated April 14, 1987 except the amount representing 4. 76% of the value of the work as the appellant was en