( 1 ) THE petitioner filed the present petition under S. 8 of the Arbitration Act alleging that he was one of the directors of the company respondent No. 1, that he ceased to be the director of the company from 16th May, 1973, that disputes arose about the payment of gratuity and compensation for loss of office to him, that Shri S. Watel, Advocate, respondent No. 2 was appointed as an arbitrator, that Shri Watel expressed his inability to act as an arbitrator, that the agreement of reference does not show that the vacancy would not be supplied, that a notice dated 25th Feb. 1974 was served upon the company respondent No. 1 requiring it to concur in the appointment of Shri Inderjit Singh respondent No. 3 as sole arbitrator in the matter. As the respondent No. 1 did not concur in the appointment Of the arbitrator, the petitioner filed the present petition for the appointment of respondent No. 3 as sole arbitrator or any other person as an arbitrator to settle the two disputes regarding the payment of gratuity and compensation for the loss of office.

( 2 ) RESPONDENT No. 1 in its written statement has denied that Mr. Watel was appointed as an arbitrator, that in any case,