P. CHAKRAVARTTI, C. J.

( 1 ) THE only question involved in this appeal is whether the arbitrator made his award within the time extended to him by the Court or whether, by making it after the expiry of such time, he made himself guilty of misconduct. The argument before us turned solely on that single question. Mr. Chaudhuri, who appeared for the appellant, did mention another count of misconduct without, however, pressing it. About that item of alleged misconduct, I shall have to say something later.

( 2 ) AS regards the point actually pressed before us, the facts are as follows. On 20-11-1950, the appellant, Nalini Ranjan Guha, instituted a suit against the Union of India on the Original Side of this Court for the recovery of a certain sum of money, claimed as due to him on account of some work done. After the suit had made some progress, the Union of India made an application on 18-1-1951 for a stay of the suit on the ground that there was an arbitration agreement between the parties. Subsequently, on 3-4-1951, an application was made for a reference of the differences in the suit to arbitration and S. R. Das Gupta, J. , directed a reference to be made with respect to so much

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