JUDGMENT

G. N. RAY, J.:—This appeal arises out of a judgment dated 30th June, 1976 passed by a Division Bench of the Patna High Court, in Misc. Appeal No. 194 of 1967* arising out of the decision of the learned Additional Subordinate Judge, Patna in Misc. Case No. 38 of 1961 since renumbered as Misc. Case 14 of 1962. The said Misc. Case arises out of an application made by the appellant Binod Bihari Singh for making an award in an arbitration proceeding, a Rule of Court after directing the arbitrator to file the award. The relevant facts relating to the appeal may be indicated as follows:

# Reported in 1977 Pat LJR (HC) 309

2. A contract was entered between the appellant Shri Binod Bihari Singh and the President of India on 10th December, 1957 for loading, unloading and handling of goods at Gaya Goods Shed of the Eastern Railway for the period of 3 years. Such contract however was terminated by the Railway Administration before the completion of the period of contract namely with effect from 2nd August, 1960. In terms of arbitration clause in the agreement for reference of the dispute arising out of the contract, an arbitrator was initially appointed by the General Manager, Eastern R