ORDER

An award by an arbitrator in terms of which a decree was passed by the trial court was set aside on appeal by the High Court on the ground that there was no concluded contract between the parties in terms of Article 299 of the Constitution, and therefore, there was no arbitration agreement either. The High Court based its conclusions on the circumstance that the post-copy of the telegram of acceptance of the tender, the receipt of which was itself disputed by the party, was signed by one S". S. Bajaj, Deputy Director of Purchase purporting to be Tor and on behalf of President of India but that there was no evidence to show that the Deputy Director of Purchase was authorised to act Tor and on behalf of President of India under Article 299 of the Constitution. The question about the competence of the Deputy Director to accept the tender Tor and on behalf of the President of India was generally raised by the respondent at the very outset when he said in his objections to the Award that there was no valid or unconditional offer of the petitioners contained in tender dated October 31, 1958 by the respondent in the name of President of India or otherwise or by any person duly author