P. CHAKRAVARTTI, C. J.

( 1 ) A great many points were canvassed in this case in the Court below, but of them only one was canvassed in the appeal. The respondent, against whom an arbitrator had made an award on a claim submitted by the Union of India and also on a counter-claim submitted by himself, challenged it before Sarkar J. , on several grounds, all of which, except one, failed. The one ground which succeeded was that the arbitrator who had made the award was not competent to act as arbitrator under the provisions of the arbitration agreement. The Union of India sought to resist that ground by contending that the respondent was estopped from taking it, but the learned Judge overruled the contention and declared the award to be void. Dissatisfied with that decision, the Union of India has preferred the present appeal.

( 2 ) THE facts of the case are somewhat extraordinary. On 25-6-1943, the respondent entered into a contract with the then Government of India, as represented by the Superintending Engineer, Eastern Aviation Circle II, for the execution of thirteen pieces of work. The contract contained an arbitration clause which said that except where otherwise provided in th

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