( 1 ) THIS writ petition under Article 226 of the Constitution has been filed for quashing the order dated August 25. 2000 of Honble the Chief Justice appointing an arbitrator under Section 11 (5)of the Arbitration and Conciliation Act, 1996.

( 2 ) M/s. Suristh Tiwary (respondent No. 2) filed a petition under Section 11 of the Act on the grounds, inter alia, that M/s. Border Roads Organisation awarded a contract for supply of earth for construction of Varanasi-Ram Nagar-Mugalsarai Road and an agreement in that connection was executed between the parties on February 5, 1997. Due to rainy season, the work could not be completed within the stipulated period, i. e. , September 27, 1997. The firm had submitted a schedule to complete the work by March 31, 1978. There was a dispute regarding the amount which was to be paid to the firm and accordingly it gave a notice on October 23, 1999 for appointment of an arbitrator but no arbitrator was appointed. It was accordingly prayed that an arbitrator may be appointed under Section 11 of the Act. The Union of India filed a counter-affidavit opposing the prayer for appointment of the arbitrator. The Chief Justice by his order da