Muneshwari Sahay, J.

This appeal is directed against the ORDER :of the First Additional Subordinate Judge, Patna rejecting the appellant's prayer for setting aside an award and ORDER :ing that the award may be made a rule of the Court.

2. The facts involved in this case are, shortly these Respondent Binod Bihari Singh had entered into a contract with the Union of India (appellant) on the 10th December, 1957, for loading, unloading and otherwise handling the goods at Gaya Goods shed of the Eastern Railway. The contract was to remain in force for three years. The appellant, however, terminated the contract with effect from the 2nd August, 1960, i.e. a few months before it was due to expire. The respondents claimed damage as a result of the premature termination of the contract. There was an arbitration clause in the agreement according to which the parties had agreed that if any dispute, difference or question should arise between the Railway Administration and the contracts as to their respective rights, duties and obligations of the parties or as to the construction or interpretation of the terms and conditions of the agreement or as to its application, the same would be