The court ruled that it has authority to file an arbitration agreement and appoint an arbitrator, even when the designated arbitrator is unwilling to act, per the Indian Arbitration Act.

1. This is an application under S.20 of the Indian Arbitration Act for an order that the clause arbitration agreement be filed in Court and reference made. The arbitration agreement is a in a building contract subsisting between the parties. The defendant employed the plaintiff to do the construction work of a factory building to be used and occupied by Eveready Flashlight Company. The building contract provided for the certification of workmanship by a firm of architects to wit Messrs. Ballardie Thompson and Matthews. The contract further provided that the works shall be carried out to the reasonable satisfaction of the Architect whose decision as to sufficiency and quality of the work and material shall be final and binding upon all parties. The plaintiff is the contractor and the building work is - alleged to have been completed sometime in 1957. During the progress of the work eight running bills were submitted and paid in terms of the contract. The payment of the ninth bill, however, was withheld on the ground that the roof of the factory building constructed was leaking at several places. It appears that the contractor at first attempted to effect repair. The repairs effected, however, was not found to be satisfactory. The Architect was, of opinion that the workmanship, was bad which was disputed by the contractor. The dispute between the parties as appearing in the correspondence will appear from the letter addressed by the plaintiff to the Chief Engineer, Central Public Works Department of May 23, 1960 which is set out thereunder :
"Whereas National Carbon Company has complained about leakages, the arbitrator should examine and give an award as to the said leakages, reasons and extent thereof, and determine the responsibility, if any, of Gannon Dunkerley for the same, and, if so the extent of cost recoverable from Gannon Dunkerley for its rectification. The arbitrator shall also give directions as to the date of payment of monies due to Gannon Dunkerley and Co., and consider whether, and the extent to which, interest is admissible on the same."
In that letter the plaintiff purported to refer the' dispute stated in the said letter to the arbitration), of the Chief Engineer Central Public Works Department, in terms of the arbitration clause. The Chief Engineer in reply protested that he never agreed either to arbitrate or to nominate an arbitrator and wondered how his name came to be incorporated in the agreement without his consent. Thereupon the present notice has been, taken out by the plaintiff under S.20 of the Indian Arbitration Act .

2. Clause 30 of the contract contains the arbitration agreement which reads as follows :
"30. Provided always that in case any dispute or difference shall arise between the employer, or the Architects on his behalf, and the Contractor, either during the progress of the works, or after the determination, abandonment or breach of the Contract as to the construction of the Contract, or as to any matter or thing arising thereunder (except as to the matters left to the sole discretion of "the Architects under Clauses 1, 4, 9, 16, 19, 19A and 28 and as to the exercise by them, under Clause 18 of the right to have any work opened up), or as to the withholding by the Architects of any certificate to which the Contractor may claim to be entitled, then either party shall forthwith give to the other wri