Judgment

RAMASWAMI, J. : These appeals are brought by certificate from the judgment of the Calcutta High Court, dated August 1, 1962 by which an award of the arbitrator Sir R. C. Mitter, dated September 2, 1959 was set aside.

2. The disputes arise out of two contracts being A. T. 1000, dated November 30, 1944 and A.T. 1048, dated June 25, 1945 between the Government of India (hereinafter called the Government ) and the Bungo Steel Furniture Pvt. Ltd. (hereinafter called the appellant ). Both the contracts contained the usual arbitration clause embodied in Cl. 21 of the general conditions of contract in Form No. W.S.B. 133 for reference of any question or dispute arising in connection with the contract or arising under the conditions thereof. The claims and the counterclaims of the parties under the two contracts were referred to the arbitration of Sir R. C. Mitter. The award of the arbitrator is, dated September 2, 1959. The arbitrator found that the contract No. A.T. 1000 was for the supply of 4,700 bins at Rs. 107-2-6 per bin inclusive of the price of steel. In respect of the supply of bins under this contract the Government agreed to pay an extra Rs. 4-12-6 per bin for extra par