( 1 ) THIS is a petition under section 33 of the Arbitration Act. The petitioner has challenged the existence of any contract between the parties and therefore the case of the petitioner is that when there is no agreement between the parties, there could be no arbitration clause and the arbitration proceedings before Shri M. A. Cherian, Executive Director, Mechanical Engineering, Railway Board, Ministry of Railways, Union of India or any other nominee who may be nominated by the respondents are uncalled for.

( 2 ) THE petitioner company is engaged in the business of manufacture and distribution of various types of steel and processed steel products including steel ingots, steel billet springs, steel rounds and allied steel products. The petitioner company is aregular supplier of some of the items manufactured by it to the Railways under various contracts. Regarding the transaction forming subject matter of the present petition, it is case of the petitioner company that no concluded contract came into existence between the parties and, therefore, the reference to arbitration of certain claims of the respondent on account of risk purchase alleged to have been made by t