( 1 ). THIS is an appeal against the order of the learned Single Judge by which, he has held that the application filed by the respondent u/s 20 of the Arbitration Act (the Act) was filed within time and directed the appointment of the arbitrators in accordance with the conditions of the contract.

( 2 ) ON 8. 6. 73 a contract was entered into between the respondent and the Union of India for construction of 48 units of types staff quarters at Moradabad. The contract was to be completed by 8. 6. 74. This date was, however, extended to 512. 74. Apparently, the work was not completed and the appellant, therefore, rescinded the contract on 6. 12. 74, The respondent sent a notice, dated 17. 10. 76 to the General Manager, Northern Railways, requiring that as per the agreement, he was to Act as the sole arbitrator and informing him that he may appoint some one else as an arbitrator, within the prescribed period of 15 days from the receipt of the letter and that if no such arbitrator was appointed within the said statutory period, the respondent will proceed u/s 20 of the Act or any other provision as might be open. A reminder was also sent to the appellant who by his letter of 24. 8