1. This appeal has been placed before me for hearing on account of difference of opinion between H.L.Agrawal,J. and C.S.Sinha,J. While the appeal was allowed by H.L.Agrawal,J.,it was dismissed by C.S.Sinha,J. Both the Judges, however, agreed that they would make no order as to costs in favour of the successful party.

2. The facts of the case are elaborately stated in the judgment of H. L. Agrawal. J, and I do not consider it necessary to restate them in any detail. As it appears the appellant submitted a tender in the prescribed form which was accepted by the respondent and thus there was a contract between them dated 16th of December, 1956 according to which the appellant was required to manufacture and supply certain furniture to Garrison Engineer, M.E.S. (Independent) Dinapore at Ramgarh at the rates mentioned in the document. The contract contained an arbitration clause according to which the parties were to refer all disputes as required by condition 36 to the sole arbitration of an Engineer/Officer to be appointed by the Chief Engineer, Eastern Command, whose decision was to be final, conclusive and binding. Condition No. 36 read as follows :-

"All disputes between th