ANIRUDDHA BOSE, J.

( 1 ) THE present appeal before us is against a judgment of an Hon'ble Single Judge of this Court rejecting an application filed under section 34 of the Arbitration and Conciliation Act, 1996 (the Act) for setting aside an award made and published by Sri Satyabrata Mitra, a retired Judge of this Court. The appellant before us is Union of India, who had entered into an agreement with the respondent for the purpose of construction of an industrial covered loco shed and certain allied works at a place close to Calcutta, being Santragachi. The respondent had entered into the agreement after being successful in a tender floated by the railway administration, being a department of the appellant.

( 2 ) THE agreement contained an arbitration clause being clause 64 of the general conditions of contract, the text of which is reproduced below :"64 (3) (a) ARBITRATION: Matters in question, dispute or difference to be arbitrated upon shall be referred for decision to : 3 (a) (i) A sole Arbitrator who shall be the General Manager or a Gazetted railway Officer nominated by him in that behalf in cases where the claim in question is below Rs. 5,00,000/- (Rupees five lakhs) and

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