SARASWAT TRADING AGENCY AWARDHOLDER Vs. UNION OF INDIA

JUDGEMENT

(1.) this is an application under s. 47 of the code of civil procedure, 1908 (hereinafter referred to as "the cpc."). The judgment-debtor (union of india, through the general manager, south eastern railway. Garden reach) has filed this application.

(2.) briefly stated, the facts relevant for disposal of this application are these. In terms of a contract executed between the judgment-debtor and the award-holder on february 25th, 1886 the award-holder was engaged for handling goods, parcels and luggage booked at itwari, kamptee, kanhan bhandara road, tumsar road and tirora stations. Clause 24(b) of the contract provided as follows :

(3.) the contract, in its cl. 32(a), contained the following arbitration agreement :