J.C. SHAH, J.

(1) THE Union of India invited tenders for constructibn of buildings at Tezu in the North-East Frontier Agency. The tender submitted by the appellants was accepted and a formal deed incorporating the terms of the contract was executed. Clause 25 of the contract provided that any dispute arising under the terms of the contract shall be submitted to arbitration of the Superintending Engineer, N. E. F. A. Circle or some person appointed by that Officer. The appellants completed the construction of the buildings on 12/10/1957. A final bill for payment to the appellants of the amount due under the contract was prepared on 20/03/1958. The appellants accepted payment under protest. On 29/10/1960, the appellants by a letter addressed to the Superintending Engineer applied for a reference to arbitration of the disputes relating to "payment under the terms of the contract". The request was repeated by another letter dated 30/08/1961. One Malkani who was appointed arbitrator by the Superintending Engineer died before he could make his award. After certain infructuous proceedings, which it is not necessary to set out, in an application moved by the appellant, the Deputy Co