SATISH CHANDRA, J.:- This is a plaintiff's appeal. It is directed against an order dismissing an application under Section 20 of the Indian Arbitration Act.

2. Messrs Heavy Electricals Limited gave a contract to the appellant for making certain construction work. The work was completed by the first week of March, 1965. The Company prepared a final bill of the work done by the appellant. On 29-03-1965 the appellant signed a no claim declaration and also gave a receipt in token of accepting the amount found due to the appellant. The appellant raised disputes in regard to some of the items of work, alleging short payment. Finding no response, the appellant served a notice upon the company requiring it to appoint an arbitrator in terms of the arbitration clause contained in the contract. This also failed to evoke any response from the company. Consequently on 16th September, 1968 the appellant moved an application in court under Section 20 Arbitration Act praying that the court may require the agreement to be filed in court and refer the disputes between the parties to arbitration in accordance with the arbitration agreement.

3. The Company contested this application. It pleaded