PASAYAT, J.

( 1 ) NEW India Assurance Company Limited (hereinafter referred to as 'the insurer') assails correctness of judgment and order dated 5-7-1988 passed by learned Subordinate Judge, Bhubaneswar (as the presiding office was then designated) allowing an application under Section 8 (2) of the Indian Arbitration Act, 1940 (in short, 'the Act') filed by Rabinarayan Chhootrai (hereinafter referred to as 'the claimant' ). Relying on Clause 12 of the policy of insurance issued by the insurer, claimant served notice on the insurer for appointment of an Arbitrator to settle his claim. It was his case that on 21-21985 dacoity was committed in his factory, and machineries and finished goods were looted away. The insurer was duly informed of the incident, but the claim lodged by the claimant was not settled. He invoked the arbitration clause contained in clause 12 of the policy as the insurer failed and/or neglected to appoint an Arbitrator. Motion was made before learned Subordinate Judge, who by the impugned order allowed the application under Section 8 (2) of the Act.

( 2 ) STAND of the insurer in support of the revision application is that it having denied its liability the claima