Judgment

Jagannadha Das, J. -

On 28-1-1948 the appellant, Khumba Mawji entered into an agreement with the respondent, the Dominion of India (as it then was) to manufacture and supply to the Bengal Assam Railway, stone boulders and belast from Chutiapara quarry. The agreement was entered into at Calcutta, though the work was to be carried out in Assam. It was a term of the agreement that if any differences arose between the parties, they were to be referred to the arbitration of two persons, one to be nominated by each side, and that if the arbitrators were not able to agree, the matter was to be decided by an umpire to be nominated by both the arbitrators. Differences having, in fact arisen, the dispute was referred to two arbitrators and on their disagreement the matter went up to an umpire, one Mr. P. C. Chowdhury. The umpire made two awards on or about 20-7-1949 in favour of the appellant. By one of them he directed a sum of Rs. 3,67,000 to be paid by the respondent to the appellant on or before 19-8-1949 with interest thereafter at 6 per cent, per annum in case of default. By the other award, he directed a sum of Rs. 83,000 to be similarly paid by the respondent to the appellant