DESHPANDE, J. :- The Controller of stores, Central Railway, Bombay had to dispose of scrap steel rails lying at various stations in Bombay and Solapur Divisions in the then Central Railway. Tenders were invited and the tender of the appellant M/s Jolly Steel Industries Pvt. Ltd. was accepted ultimately on 23-7-1966. A certain dispute as to delivery of the goods arose between them and the same was referred in accordance with the agreement to a high ranking Railway Officer as a sole arbitrator on 12-11-1971. He delivered his award on 15-5-1972. The Respondent is directed thereunder to deliver 1567 (MT) of the scrap in terms of the contract and refund of Rs. 4187 to the appellant.

2. The appellant thereafter filed Spl. Suit No. 252 of 1975 against the Respondent, the owner of Railways on 21-8-1972 before Civil Judge, Sr. Divn; Poona claiming a decree in terms of the award under Section 14 of the Arbitration Act. The Respondent also filed Misc. Application No. 632 of 1972 for setting aside the said award. The award is claimed to be (1) void, having been made, long after the expiry, of four months from the date of "entering on reference" and also (2) in breach of Sec. 14 of the