Sanjay Kishan Kaul, J.

1. The respondent-Company, a public sector undertaking, placed an order on the petitioner on 10.01.1990 for sale of copper from the location of the respondent at Khetri, Rajasthan. The agreement contained an arbitration clause providing for sole arbitration by the Chairman of the respondent or any other officer nominated by him. In the event of the arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason, the Chairman of the respondent was authorized to appoint another arbitrator. The jurisdiction of the Courts was vested in either Calcutta or New Delhi Courts.

2. The Contract resulted in disputes between the parties and a petition was filed in this Court by the petitioner being OMP No. 100/1996. In the said matter an ex parte Order was passed on 07.05.1999 which was sought to be recalled on an application by the petitioner since the respondent had appointed one of its own officers Sh. T.P.Girish as the sole arbitrator. However, the said arbitrator proceeded with the matter.

3. The parties entered appearance but the proceedings could not be concluded. The Minutes of the Arbitration Proceedings of 27.04.2001 s