CHITTATOSH MOOKERJEE, C. J.

( 1 ) ON April 19, 1973 the appellant and the respondent whose management had been taken over by the Central Government under S. 18a of the Industrial (Development and Regulation) Act, 1951 had entered into a contract, under which the respondent had sold to the appellant goods whose agreed value was Rs. 84,867. 71. In spite of demand the appellant did not pay the said amount. Purporting to rely upon the arbitration clause contained in the contract, the respondent had applied to the Bengal Chamber of Commerce and Industry for adjudicating by Tribunal of Arbitrators the dispute in respect of the non-payment of the said amount. Upon the receipt of the notice the appellant had disputed the authority of the Tribunal of Arbitrators to adjudicate the said dispute, inter alia, on the ground that the subject-matter of reference was not covered by the arbitration clause inasmuch as the said non-payment did not amount to a dispute within the arbitration clause in question. The Tribunal proceeded with the Reference and the appellant did not participate in the same.

( 2 ) THE award having been given the appellant was served with a notice under S. 14 (1) of the Arbi

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