Judgment

Y.V. CHANDRACHUD, J. - On September 26, 1973 the appellants and respondents entered into an agreement at Ranchi under which the latter agreed to construct the appellantss factory at Getaulsud, Ranchi. That contract contained a clause providing that if any dispute or differences arose out of or in connection with the contract, the same shall be referred to an arbitrator. The contract was terminated onMarch 19, 1975 by another agreement which was entered into at Calcutta. Thereafter on December 30, 1975 the parties agreed to refertheir differences to the arbitration of one A.K. Sen, a consulting engineer. This agreement ws entered into within the Ordinary Original Civil Jurisdiction of the Calcutta High Court. On April 19, 1976 (sic) the arbitrator made an award under which the appellants became liable to pay to the respondents a sum of Rs. 6,56,740.

2. On May 1, 1976 the appellants filed an application under S.33 of the Arbitration Act in the Court of the learned Subordinate Judge, Patna, challenging the existence, legality and validity of ghe agreement dated September 26, 1973, which was entered into at Ranchi.

3. The award, which the arbitrator made on April 9, 1976 (sic) wa