P. C. MALLICK, J.

( 1 ) THIS is an application challenging the existence and validity of an arbitration agreement and an award made thereunder.

( 2 ) THE Respondent is a Contractor who was entrusted with certain construction works to be done in Ghuskara, Bolepur, Rampurhat and Madhaiganj. The contract is evidenced by the acceptance of a tender in the usual term. All the works done under this contract were done sometime in the year 1944/45. The contract contains the usual arbitration clause whereby "all disputes and differences between the parties under the contract shall be referred to the arbitration of the Superintending Engineer of the Circle for the time being. . . . . "

( 3 ) DISPUTES and differences arose between the parties in respect to and in connection with the contract and one C. S. Mathur, Chief Engineer, referred the disputes to the arbitration of Mr. B. K. Guha, Superintending Engineer, Delhi Aviation and Planning Circle, New Delhi. The latter ot reference is dated May 11, 1951. It appears that altogether there were five disputes referred to the arbitration of the said Mr. B. K. Guha.

( 4 ) SHORTLY thereafter Mr. B. K. Guha as such arbitra-tor entered upon the refe

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