A.N. Ray, J. - (1.) This is an application for filing of an agreement in Court and for an order of reference Under Sec. 20 of the Arbitration Act.
(2.) Under the arbitration clause which is set out at p. 11 of the annexures to the petition, the claim in the instant case being above the value of Rs. 5 lac, two arbitrators would have to be appointed. The usual Railway machinery for sending of a panel is also laid down therein.
(3.) A question has arisen, rather at the instance of the Court than at the instance of the parties, as to what is the correct legal order to be passed Under Sec. 20 in these circumstances. Sec. 20, Sub -section (4) is set out below: 20(4). W.here no sufficient cause is shown, the Court shall order the agreement to be filed and shall make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise, or, where the parties cannot agree upon an arbitrator, to an arbitrator appointed by the Court.;