( 1 ) ). The respondent who is the original plaintiff of Special Civil Suit Nos. 218 and 219 of 1979 on the file of the learned Civil Judge (S. D.) Kutch at Bhuj made an application to file in the Court the arbitration agreement contained in the contract of construction entered into between the respondent-plaintiff and the appellant-Corporation which was the defendant in the said suits and also praying for appointment of Arbitrater. It is not necessary to trace the entire history of litigation but suffice it to say that the alleged arbitration agreement contained in the supply contract enjoined the parties to refer every dispute difference or question which may at any time arise between the parties hereto or their branches which may touch or arise out of or in respect of the said contract to the said arbitration of the Chief Engineer of the appellant-Corporation. It is common ground that the post of Chief Engineer was vacant at the relevant time. One or the objections raised on behalf of the appellant -Corporation was that since the arbitration agreement provided for sole arbitration of a named officer whose office was vacant the arbitration agreement fails since the