C. L. Chaudhry ( 1 ) THIS is a petition under Section 20 of the Arbitration Act by M/s Attar Singh and Brothers, Contractors (hereinafter called the petitioners) seeking direction to respondent No. 1 to file the original arbitration agreement in this court and for appointment of an Arbitrator and for reference of disputes. ( 2 ) THE petition proceeds on the allegations that the petitioner entered into a contract for the work of re-development scheme of Kingsway Camp Severage scheme for pocket North of Timarpur, Delhi by agreement dated 16-1-1985. It is further stated that the petitioner completed the work but the amounts due to him have not been paid in accordance with the terms of the agreement. The petitioner states that the agreement contains an arbitration clause which provides that in case of disputes and differences arising between the parties, the disputes shall be referred to the sole arbitration of the person appointed by the Engineer Member of Delhi Development Authority. The disputes, as per contention of the petitioner, which have arisen between the parties are enumerated in paragraph 8 of the petition ( 3 ) THE Delhi Development Authority has filed the written statement to this petition. It is alleged that the petition discloses no cause of action. The petition is premature and not maintainable because the petitioner did not raise any claim or dispute prior to resorting to the present petition under Sections 8 and 20 of the Arbitration Act and as such the same is not sustain- able in law. The rest is the reply on merits, wherein it is stated that the claims put up by the petitioner are untenable. ( 4 ) I have considered the relevant contentions of the parties. In my opinion no cause has been shown as to why the petition under Section 20 be not allowed. The main contest of the Delhi Development Authority is on merits of the claims, which is not within the province of this court to decide. Accordingly I allow this petition and direct the respondent No. 1 file the arbitration agreement in court. The Engineer Member of the Delhi Development Authority is directed to appoint an Arbitrator within 2 months from the date of receipt of this order, in terms of the arbitration clause, and refer the disputes mentioned in paragraph 8 of the petition for adjudication. The Engineer Member of the Delhi Development Authority is directed to appoint an Arbitrator within 2 months from the date of receipt of this order, in terms of the arbitration clause, and refer the disputes mentioned in paragraph 8 of the petition for adjudication. The parties are left to bear their own costs. The petition is disposed of. ( 5 ) THE petitioner undertakes to keep the bank guarantee alive till the award is made a Rule of the court. The undertaking is accepted and the the respondents are restrained from encashing the back guarantee till the award is made a Rule of the court. The I. A. is disposed of.