Judgement

GAJENDRAGADKAR, J. : The principal point which this appeal by special leave raises for our decision relates to the construction of Ss. 32 and 33 of the Arbitration Act, 1940 (10 of 1940) (hereafter called the Act). That question arises in this way. The respondent, Union of India, filed a petition in the Court of the First Class Sub-Judge at Delhi against the appellant M/s- J. Burman and Co., through its proprietor Jawahar Lal Burman under Ss. 33 and 28 of the Act. The respondent alleged that a concluded contract had been entered into between the parties on August 31, 1949, for supply of 170 1/2 Cwt. of coconut oil by the appellant to the respondent. The respondent had advertised in the Indian Trade Journal for the said supply and the appellant had submitted its tender No. SM-1/104524. This tender was by the respondent which concluded a contract between the parties. The respondents case was that the said contract was governed by general conditions of contract Form W.S.B. 133. These conditions included an arbitration agreement, Disputes arose between the parties regarding the said contract, and so in pursuance of the arbitration agreement they were referred to the two arbitr