( 1 ) THIS application by the respondents under S. 151 of the Code of Civil Procedure has arisen in the following circumstances :

( 2 ) THE petitioners M/s. National Research Development Corporation of India filed a petition under S. 20 of the Arbitration Act for filing of the arbitration agreement and for referring the disputes between the parties to the arbitration in accordance with clause 12 of the agreement between the parties. According to the said clause, the disputes and differences between the parties are to be referred to the sole arbitration of the Chairman, National Research Development Corporation of India and if he is unable to act, to the sole arbitration of some other person appointed by him and willing to act as such. Admittedly, on the date the petition came up for hearing before the learned single Judge of this Court, the Office of the Chairman was lying vacant. This Court, by agreement of the parties, directed the filing of the agreement and reference of the disputes to the Chairman, and the Union of India was directed to appoint the Chairman within one month from that date. It was further directed and again by agreement of the parties that in case the office of

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