VISWANATHA IYER, J.:- This is an appeal by the 2nd counter-petitioner in Arbitration Act Petition No. 1 of 1955 on the file of the Quilon District Court. Under Ext. D3 agreement entered into between the Ist and 2nd counter-petitioners the 2nd counter-petitioner supplied cashewnuts to the Ist counter petitioner. The same was delivered at Quilon on 17-2-1964. Under the agreement any dispute regarding the quality of the goods has to be referred to an arbitration and the Arbitration Rules which govern the parties provide for appointment of Arbitrators, the time within which that should be done and the procedure which should be followed by Arbitrators. Complaining that the quality of the goods supplied was inferior the Ist counter-petitioner requested the 2nd counter-petitioner to appoint an Arbitrator. There was some attempt at settling the matter otherwise and when that failed the Ist counter-petitioner pressed for a reference to Arbitration. He informed the Secretary, Indian Cashew Exporters' Association and requested him to arrange for the arbitration. He also nominated his Arbitrator. The said Association contacted the appellants and requested them to nominate their Arbitr