Lakshmikanta Jha, J.

1. This is an appeal by the defendant (the Union of India) in a suit instituted by the plaintiff-respondent for the enforcement of an award given by an arbitrator appointed under an arbitration clause in an agreement between the parties which provided for settlement of all disputes arising between them.

2. The Central Public Works Department invited tenders for the manufacture and supply of four crores of bricks on the 23rd September, 1945 for what is known as the Sindri Fertiliser project Seth Prem Chand Satram Das, the plaintiff in the present suit, was one of the persons who offered to manufacture and supply bricks at certain rates. His tender was accepted by the Superintending Engineer, Bihar Central Circle, by his letter dated the 1st November, 1945, and he was given a contract for the supply of 1 1/2 crores of bricks at his tender rates. A deed of agreement was executed and signed by the plaintiff and the Additional Chief Engineer, New Delhi, on behalf of the appellant, and a delivery schedule was appended: showing the number of bricks to be supplied by the plaintiff month by month from January to May, 1946.

3. The case of the plaintiff is that he