Subharo Kamal Mukherjee, J - (1.) In the year 1980 an agreement was entered into between the petitioner/contractor and the Durgapur Notified Area Authority, opposite party No. 1 herein, for construction of a High School building in Bidhannagar, Durgapur. In the agreement entered in to between the parties there was an Arbitration Clause . The said clause was as under:- "8. Any dispute arising under the Agreement shall be referred to the Arbitration, which will be appointed from amongst the following persons : a) Chief Engineer, P.W.D. b) Chief Engineer, D.S.P. c) Chief Engineer, D.P.L.
(2.) One Arbitrator to be appointed by the owner and the other by the Contractor and in case the Arbitrators shall not agree then to the decision of an Umpire to be appointed by them. The word of the Arbitrations or the Umpire is to be final and binding on both parties."
(3.) It appears that some dispute croped up between the parties and the contractor intended to refer to the dispute to the arbitration. On the quary of the Executive Officer, Durgapur Notified Area Authority, the Secretary, the Durgapur Projects Limited (D.P.L. in short) informed that the post of the Chief Engineer (construction) has been re-designated as that of General Superintendent (construction) and it was, further, informed that at the material point of time Shri H. Sengupta was holding the post. Shri H. Sengupta is the opposite party No. 2 in this application. On December 17, 1986 the contractor nominated the said Shri H. Sengupta as his Arbitrator.;