( 1 ) THIS appeal is directed against order dates 27/05/1974, of the Sub-Judge, Delhi, by which he had accepted theobjections filed by the respondent and had set aside the award.

( 2 ) IT appears that taking resort to the arbitration clauses 20 and 21appearing in the printed terms at the back of the bills issued by the appellantto the respondent, the appellant appointed Shri S. N. Kumar as Arbitratorand despite notice to the respondent, the State of Bihar did not appoint anyarbitrator and the State of Bihar also did not appear before the Arbitratorand the Arbitrator gave the award dated 6/08/1970, by virtue of whichhe awarded Rs. 16, 144/47 to the appellant as price of the goods suppliedto the respondent and also filed the award in the Court taking resort undersection 14 (2) of the Arbitration Act. Notice of the filing of the award wasissued to both the parties and the respondent-State of Bihar filed theobjections under Sections 30 and 33 of the Arbitration Act.

( 3 ) IT was pleaded in the Objection Petition that there existed noarbitration agreement and thus, the matter could not be referred to thearbitrator and the award given by the Arbitrator on that score w