( 1 ) THIS first appeal from order has been filed under Sec. 39 (l) (b) of the Indian Arbitration Act, 10 of 1940 (hereinafter referred to as the Act) against the order of Mr. D. R. Khanna, then Sub-Judge, I Class, dated 29th May, 1964, by which he set aside the award of the Arbitrator dated 26th May, 1962. mainly on the ground that it had been made beyond the time allowed by the court under section 16 of the Act and was, therefore, void.

( 2 ) THE appeal came up for hearing before my learned brother Ansari. J. , who by order dated 23rd August, 1972 was pleased to allow the appeal and purporting to follow the decision of the High Court of Calcutta in Ganpatrai and Sons v. Ramgopal Nanda Kishore, AIR 1955 Calcutta 302, (1) held that the court had power under the proviso to sub-sec. (2) of Section 16 of the Act to extend the time to make the award even after the award had been made. Having recorded that finding the learned Judge allowed the appeal. Thereafter, K. L. Bhalla, respondent in the appeal, filed an application for review of ths order. In the application, it was contended that the learned Judge had failed to notice the decision of the Judicial Committee reported a