Judgment

SHAH, J. : This is an appeal with certificate under Article 133 (1) (c) of the Constitution against the order of the High Court of Punjab in First Appeal No. 75 of 1961 confirming the order of the Subordinate Judge, Delhi, refusing a motion to set aside an award directing payment by the Union of India of Rs. 3,26,251/6/3costs and future interest at 41/2 - per cent to the respondent.

2. In August 1946 the Chief Director of Purchases (Disposals), Food Department, Government of India, invited tenders for purchasing the stock of American cigarettes lying in Calcutta, Karachi, Delhi and Agra. The respondent submitted his tender offering to purchase the entire stock at a uniform rate of Re. 18/3 per packet of 20 cigarettes. The total value of the stock offered at the rate amounted approximately to Rs. 39 Lakhs. The Government of India accepted the tender. The acceptance letter (with which was enclosed Form F. D.(M) 70 setting out the general conditions of contract, was signed by the Chief Director of Purchases. Condition No. 13 in Form F. D. (M) 70 contained an arbitration clause.

"In the event of any question or dispute arising under these conditions or any special conditions of C