UNION OF INDIA Vs. D P SINGH

JUDGEMENT

(1.) THIS application, in revision, is by the Union of India, as owner of the Northern Railway Administration, which, was opposite party to the application, made by the opposite party in this Court, under Section 8 of the Arbitration Act, 1940 (X of 1940), hereinafter referred to as "the Act", which has been allowed by the Court below and a pleader has been appointed as arbitrator in the case.

(2.) THE relevant history of the case, leading up to the present application, may briefly be stated thus: Samples of Mankatha sand were called for by the petitioner from the opposite party, who is a contractor, and, finally, sample No. 3 was approved. According to the terms of the contract between the parties, which is Ex. A, certain quantity of the said sand was to be supplied by the 2nd of July, 1956, which was the stipulated time for the supply. Admittedly, the opposite party supplied sand, as contracted for, but, two wagons, out of three wagons, of sand, which were sent out of time, after the stipulated date -- the 2nd of July, 1956, -- were not accepted, on the ground that those two wagons did not contain sand of the specification contracted for. In the contract (Ex. A) there was an Arbitration Clause to the following effect:

(3.) THE first question, therefore, which re-quires determination, is, whether, here, Section 8(1)(a) of the Act applies,