CHAKRAVARTTI, C. J.

( 1 ) THE Bharat Construction Co. Ltd. , now in liquidation, have appealed against an order of S. R. Das Gupta J. , dated 16-2-1953, by which the learned Judge stayed a suit brought by them in exercise of his powers under Section 34, Arbitration Act. The stay was resisted on the ground that the arbitration agreement upon which the respondent was relying had become infructuous, inasmuch as no arbitrator, answering the description given in the agreement, was or could any longer be available. That argument did not appeal to the learned Judge who rejected it and ordered a stay of the suit.

( 2 ) THE facts are simple. It appears that in 1944, the then Government of India called for tenders for the construction of certain structures intended for military purposes and a tender was submitted by the appellants on 26-4-1944, and accepted on the 12th of May following. The work was to be carried out in accordance with the terms and conditions of Contract Form No. I. A. F. W-2159 and the amendments thereto, including the schedules, specifications and plans contained in and attached to the form. Clause 35 of the contract provided for the decision of disputes and it was divi

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