( 1 ) THIS appeal is directed against the judgment of a learned single Judge rejecting the petition under Section 20 of the Arbitration Act filed on the basis of an alleged agreement dated 12th December, 1974. The petitioner was seeking a reference to arbitration on the basis of an agreement between M/s Sahni Enterprises and M/s Filmistan Cinema but the first respondent company M/s Filmistan Exhibitors Pvt. Ltd. claim that they were not party to the alleged agreement and actually the agreement was one between M/s Sahni Enterprise and Movies Pvt. Ltd. who were bookers to a cinema known as Filmistan Cinema situated at Model Basti. The learned single Judge held from the evidence that it was not established that the agreement had been signed on behalf of M/s Filmistan Exhibitors Pvt. Ltd.

( 2 ) THE real question to be decided in the petition under Section 20 was whether there was a valid arbitration agreement between M/s Sahni Enterprises and M/s Filmistan Exhibitors Pvt. Ltd. but there appears to have been a contusion in the case of the petitioner because the agreement was made between M/s Sahni Enterprise and Filmistan Cinema Delhi and was signed by one Dhani Ram, who