SANJIB BANERJEE,J. - (1.) The only ground urged on behalf of the petitioner is that the arbitral tribunal lacked authority to take up the reference. No other ground on merits has been canvassed in course of the hearing.
(2.) The reference was under the Arbitration Act, 1940. The arbitrator was appointed following the respondent's petition under Section 20 of the 1940 Act. It has been recognised that the various sub-sections of Section 20 of the 1940 Act are steps that are required to be followed in course of a petition under Section 20 being instituted that may culminate in the arbitration agreement being filed and the parties being sent to a reference in accordance therewith.
(3.) In course of a petition under Section 20 of the 1940 Act it is possible for a party to the arbitration agreement to challenge the existence of the arbitration agreement or to point out the qualifications necessary for the arbitrator or for the members of the arbitral tribunal to be appointed for taking up the reference.;