D. P. MOHAPATRA, J.

( 1 ) THE order of the Subordinate Judge, Titlagarh dt. 21-7-1981 in Misc. Case No. 29/80 allowing application of the opposite party under S. 8 (2) of the Arbitration Act (called 'the Act' for short) for appointment of an Arbitrator is sought to be impugned in this petition under S. 115, C. P. C. The short question that arises for decision is whether S. 8 (2) of the Act applies to the present case in view of the express provision in the Arbitration Clause in the agreement.

( 2 ) THE opposite party entered into agreements with the petitioner to let out his godowns to the latter. The agreements contained an Arbitration Clause in the following terms : -" All disputes and differences, arising out of or in any way touching or concerning this agreement whatsoever, shall be referred to the sole arbitration of any person nominated by the Secretary of Ministry of the Government of India, administratively dealing with the contract as the administrative head of such Ministry at the time of nomination. It will be no objection to any such appointment that the person appointed is a Government servant, that he had to deal with the matters to which the agreement relates, and t