A. R. LAKSHMANAN, J.

This unsuccessful plaintiff is the appellant in this appeal. The appellant filed the suit under Section 20 of the Arbitration to file the original arbitration agreement into Court and to appoint a third party Arbitrator and make an order of reference of the dispute and claims to the said Arbitrator. The claim of the appellant to appoint a third party Arbitrator was rejected by the learned Single Judge of this Court by holding that the respondent has already named an Arbitrator and therefore, the appellant has to make a reference to him invoking the arbitration clause. Aggrieved by the same, the plaintiff has come on appeal before us

2. The short facts leading to the filing of the suit by the appellant are as follows : M/s. Neyveli Lignite Corporation Limited (hereinafter referred to as N.L.C.) awarded a contract in respect of L.S.H.S. (Low Sulphur Heavy Stock) Conversion Project to the respondent/Corporation who in turn invited tenders by issuing Tender Specification bearing No. SR/TSD/508 dated 24.3.1988. The appellant submitted its tender on 22.4.1988 and the same was accepted by the respondent. Thereupon, the appellant was awarded the contract by t