Judgment

DWIVEDI, J. :- Before us there is this associate litigation the civil appeal and the special leave petition for admission. Its history runs thus: There is the New Bengal Engineering Works. It has a factory and various movable and immovable properties. It is a running business. The business was set up by the appellant and the respondent as partners in December, 1962. As usual with many partnerships, the partners did not march in step for long. Within six months they fell out. On August 22, 1963, they could, however, agree to refer their disputes to the arbitration of two persons, Sri R. N. Sharma, and Sri C. M. Sharma. The agreement is in writing. It referred "the disputes of our concern" and gave "the arbitrators full authority to decide our dispute". The arbitrators gave their award on September 20, 1963. They filed the award in the High Court on November, 9, 1963. On September, 10, 1964 the respondent filed an application for determining the validity of the agreement and for setting aside the award. On May 27, 1966 a learned Single Judge of the High Court dismissed the application as time-barred. But he declined the request of the appellant to proceed to pronounce judgmen