1. The respondent moved an application, under S.20 of the Arbitration Act, for "filing" the arbitration agreement before court. He also applied for issue of a commission for local inspection, under 0.26 R.9 CPC. The petitioner contended that till an order of reference was made under sub-s. (4) of S.20, the power under S.41 of the Act could not be exercised. The court below did not express any opinion on this question of jurisdiction, but allowed the commission application. The petitioner objects.

2. In Baby Paul v. Hindustan Paper Corporation (AIR. 1978 Ker. 223) Vadakkel J. had taken the view that orders in respect of matters set out in items (1), to (4) of the Second Schedule to the Arbitration Act could be issued under S.41 (b) of the Act only after the passing of an order of reference. In other words, such orders could not be issued in proceedings under S.20 till the stage of reference was reached. Observing that such orders could only be interlocutory in nature, and that there could be no question of any interlocutory order till the arbitrator was seized of the main dispute, his Lordship said:

the court's power of making orders in respect of matters set out in items