Judgment

SHELAT, J.:- By this appeal, under special leave, the appellant company Challenges the correctness of the judgment of the High Court of Punjab, dated February 19, 1963 refusing to set aside an umpire s award, dated March 22, 1958. The award was in respect of certain disputes between the company and the Union of India in the matter of disposals of the United States surplus war materials left by the Government of the U. S. A. at the end of the last World War. These surplus materials called the U. S. Surplus Stores, consisted of vehicles and other stores. It was said that these were sold to the company by the Director-General, Disposals through correspondence and sale-notes. These contracts of sale were subject to the General Conditions of Contract (Form Con. 117). Clause 13 of these General Conditions provided that :

"In the event of any question or dispute arising under these conditions or any special conditions of contract or in connection with this contract - the same shall be referred to the award of an arbitrator to be nominated by the Director General and an arbitrator to be nominated by the contractor, or in the case of the said arbitrators not agreeing, then, to the aw