( 1 ) THIS is an appeal against the judgment and order passed by Salil K. Roy Chowdhury, J. on the 15th Nov. 1973. By his order the learned Judge dismissed, for reasons recorded in the judgment, the application made, by the appellant for setting aside an award dated the 28th June, 1971 and also for a declaration that the order dated the 21st Feb. 1961 is invalid, without jurisdiction and of no effect.

( 2 ) THE facts of the case have been fully and correctly set out in the judgment of the learned trial Judge. The facts material for the purpose of the appeal may be briefly stated. The appellant is a building contractor and entered into an agreement dated the 11th April, 1962 with the Union of India for various construction works in and/or of the railway station building at Durgapur. The said agreement contains an arbitration clause. The relevant portion of the said clause reads as follows:"clause 63 (3) (a) Arbitration. Matters in question, dispute or difference to be arbitrated upon shall be referred for decision to. . . . . . . . . . . . . . . . . . . . . (ii) Two arbitrators, who shall be Gazetted Railway Officers of equal status to be appointed in the manner laid down