Sanjay Kishan Kaul, J.

1. A contract was entered into between the parties on 12.05.1977 for laying and termination of power/control/excitation and communication cable, installation of cable trays, support, pipes and accessories etc. by the respondent. The agreement inter se the parties contained an arbitration clause i.e. Clause 25 which inter alia provided that “no person other than a person appointed by the Chairman, Central Electricity Authority or member (Thermal) Central Electricity Authority should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all.”

2. In view of the disputes arising inter se the parties, the respondent filed an application under Section 20 of the Arbitration Act, 1940 (‘the said Act’ for short) which was registered as Suit No. 28- A/1979. The appellant also had certain counter claims. The matter was directed to be referred to arbitration in terms of the order dated 09.05.1979 which called upon the designated authority to do the needful within 2 months.

3. The Chairman, Central Electricity Authority claims to have appointed Sh. C.S. Sreenivasan as the sole arbitrator to adjudicate the