JUDGMENT

A.K. Kirty, J. - This appeal under Section 39 of the Arbitration Act (hereinafter referred to as the Act) is directed against the order of the court below allowing the application filed by the respondent under Section 20 of the Act.

2. The respondent had taken out two fire policies on 29-11-37 and 11-1 1968. On 14-3-1968 a fire broke out in the shop of the respondent in the evening, in consequence of which the goods contained in the shop were, according to the respondent, completely burnt out. The goods were covered by the two policies noted above. Thereafter, the respondent lodged a claim for Rs. 55,445/- which was repudiated and ultimately, rejected by the appellant company by letter dated 14-5-1969.

3. The two policies were subject to a number of conditions. These conditions constituted the terms of the agreement upon which the policies were taken and issued respectively by the respondent and the appellant. The material part of condition No. 18 runs thus :

"If any difference arises as to the amount of any loss or damage such difference shall independently of all other questions be referred to the decision of an Arbitrator, to be appointed in writing by the parties in dif