P. C. MALLICK, J.

( 1 ) THIS Notice was taken out by the Union of India for an order that a judgment be passed in accordance with the award made by the Arbitrator on May 23, 1952 and a previous order passed by Sarkar J. on July 20, 1954 be recalled and/or set aside, if necessary.

( 2 ) DISPUTE between the parties of and relating to a contract containing an arbitration clause was referred to the arbitration of a Superintending Engineer one C. P. Mallik. The Arbitrator made his award on May, 23, 1952 in favour of the petitioner and the respondent was directed to pay the sum of Rs. 16,247/8/ -. On January 15, 1953 the respondent made an application for setting aside the award. By his order dated June 16, 1954 Sarkar J. set aside the award. On July 20, 1954 Sarkar J. made a further order directing that no judgment be passed in terms of the award.

( 3 ) AGAINST the order of Sarkar J. passed on June 16, 1954 setting aside the award, an appeal was taken by the Union of India. No appeal, however, was taken against the order dated July 20, 1954 refusing to pass a judgment on award. On April 3, 1958 the Appeal Court allowed the appeal and the order of Sarkar J. passed on June 16, 1954 was

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