S.C.MOHAPATRA, J. - (1.) IN this appeal under Section 39 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act'), defendant is appellant against an order under Section 20 of the Act.
(2.) PLAINTIFF is a works contractor. On 21-4-1979 it entered into an agreement with defendant to construct fourteen A-III quarters at Nandapura Colony, Jhansi. Alleging that there are many defects in the construction plaintiff was called upon by letter dated 24-8-1982 to rectify the defects. Last payment was made to the contractor on 23-1-1981. As the contractor was not paid for the work done by him, he filed an application under Section 20 of the Arbitration Act in the Trial Court for directing defendant to appoint a suitable arbitrator failing which to appoint an arbitrator by the Court. Defendants in their written statement contested the application on the ground that as per clause 25 of the agreement, all claims of plaintiff stood waived since it did not request Chief Engineer for appointment of an arbitrator within 90 days of payment of the last bill.
(3.) TRIAL Court having directed Chief Engineer to appoint an arbitrator as envisaged in the agreement, defendant has felt aggrieved and has preferred this appeal.;