Judgement

RAMASWAMI, J. : These appeals are brought by certificate from the judgment of the Calcutta High Court, dated August 1, 1962 in Appeals Nos. 32 and 132 of 1961 by which the High Court allowed the appeals against the Union of India (hereinafter called the appellant ) in part and modified the award of the arbitrator and the judgment of Mallick, J.

2. The disputes relate to 3 contracts for the supply of bedsteads by the respondent - Bungo Steel Furniture Pvt. Ltd - (hereinafter called the Company ) to the appellant, namely, contract No. A.T. 3116 for the supply of 17202 bedsteads, contract No. A.T. 767 for the supply of 30,000 bedsteads and contract No. A. T. 816 for the supply of 7,000 bedsteads. Each of these contracts contained the usual arbitration clause embodied in Cl. 21 of the general conditions of contract in form No. W.S.B. 133. The disputes arising between the Company and the appellant out of the three contracts were referred to the arbitration of Sir Rupen Mitter. The award of the arbitrator is, dated September 2, 1959. The arbitrator found that the Company was entitled to be credited with the sum of Rupees 11,64,423 on account of the price (inclusive of the price