MONORANJAN MALLICK, J.:- This is an appeal against the Order dated 23rd Feb., 1979 passed by the Judge, 10th Bench, City Civil Court at Calcutta dismissing the appellants application u/S.34 of the Arbitration Act. Briefly the facts are as follows :-

The appellant, Hindusthan Cables Limited being interested in disposing of twenty items of scrap materials issued a tender being SPC762/ LSA-82 in various leading Newspapers between 16th March and 27th March, 1974. Pursuant to the aforesaid tender notice several interested parties submitted the quotation including the respondent in the prescribed form. The aforesaid tender documents specially under general terms and conditions of the said tender contains an arbitration clause which is as follows :-

"All disputes and differences except the matters decisions whereof are specifically provided for under the clause of terms and conditions of this tender should be referred to the arbitration of the Managing Director of the Company or his nominee whose decision shall be final and conclusive under the proceedings of Arbitration Act, 1940 and the rules thereunder and the statutory modifications thereon, if any, shall be deemed to apply. If