S.K.JHA, J.

1. Miscellaneous Appeal No. 373 of 1970 by Messrs Patel Engineering Company Ltd. (hereinafter referred to as the Company) is directed against the judgment and order dated the 29th of September, 1970 of the Second Subordinate Judge, Patna setting aside the Award filed in that Court by the Umpire on an application made under Sections 30 and 33 of the Indian Arbitration Act. 1940 (hereinafter referred to as the Act) by the respondent Indian Oil Corporation Limited (hereinafter referred to as the Corporation). The appellant Company is also the petitioner in the connected Civil Revision No. 1515 of 1970, in which it has challenged the order dated the 16th of September, 1970, passed by the learned Subordinate Judge overruling a preliminary objection raised by the appellant company to the maintainability of the application under Sections 30 and 33 of the Act. Since the order on the preliminary objection already stands merged in the final order on merits, which is the subject-matter of the appeal, specific grounds have also been taken in the appeal itself challenging the aforesaid order. I propose to deal with this part of the appellants case, which is the subject-matte