( 1 ) THIS appeal under Section 39 of the Arbitration Act, 1940 (hereafter called "the Act") is directed against the order of the learned single Judge of this Court dated March 11, 1974 directing that the arbitration agreement between the parties be filed and the dispute between them be decided by a sole arbitrator.

RESPONDENT, M/s. Allied Engineers, is a firm of Engineers. As per terms of the agreement dated January 20, 1969, they agreed to erect a building at Patiala for the appellant, M/s. Maltex Malsters Private Limited. The appellant is referred to in the. agreement as employer and the respondent as contractors . According to clause 33 of the Articles of Agreement, the respondent-contractor was to be paid by the Employer from time to time by instalments under interim certificates to be issued by the Architect to be appointed in terms of the agreement for the works executed when in the opinion of the Architect work to the approximate value had been done in accordance with the contract. Clause 35 provides that decision, opinion, direction and certificate of the Architect with respect to matters covered by this clause were final and conclusive. Clause 36 then s