S.J. Mukhopadhaya, J.

1. The petitioner has challenged the order dated 25.6.2001 passed by Additional Deputy Commissioner, West Singhbhum, Chaibasa in Kolhan Title (Arbitration Suit No. 1 or 1995. whereby and whereunder while exercising the power under Section 20 of the Arbitration Act, 1940), the Additional Deputy Commissioner, West Singhbhum, Chaibasa directed the Managing Director of petitioner-TISCO to inspect the site of work awarded to the 4th respondent. to report the position to authority and to appoint an independent arbitrator in place of one Sri R.L. Das. Senior Divisional Manager of TISCO.

2. The only question arises as to whether a civil suit under Wilkinsons Rules is maintainable for the purpose of preferring a suit as referred under Sub-section (2) of Section 20 of the Arbitration Act. 1940 or not.

3. The case of petitioner-TISCO is that the 4th respondent-M/s. A.K. Bhattacharjee & Co. filed an application under Section 20 of the Arbitration Act. 1940 before the Additional Deputy Commissioner, West Singhbhum, Chaibasa on 31.1.1995 for direction on the petitioner-TISCO to file the agreement entered between the parties concerning a contract work known as "providing a