JUDGMENT

P. N. BHAGWATI,J :— This appeal, by special leave, is directed against a judgement of the High Court of Delhi setting aside an award madeby an arbitrator on the ground thathe was not a validly appointed arbitrator and hence had no jurisdiction to arbitrate and make an award. The facts giving rise to the appeal are few and may be briefly stated as follows.

2. The respondents - a partnership firm - entered into a contract with the appellant for the supply of 30,000 tons of East German sugar at the rate and on the terms and conditions set out in a letter dated 3rd July, 1954 addressed by the Secretary to the Government of India, in the Ministry of Food and Agriculture to the respondents. The Ministry of Food and Agriculture was concerned with the subject-matter of this contract and hence clause (9) provided that "superintendence and inspection of quality, weight and packing of sugar shall be made by a reputable superintending agency to be approved by the Government of India, in the Ministry of Food and Agriculture" and clause (10) stipulated for delivery to be made to "authorities or parties nominated by the Ministry of Food and Agriculture." There was provision for arbitratio