( 1 ) THE question that arises in this appeal under Section 39 of the Indian Arbitration Act, 1940 (hereinafter called "the Act") and Section 10 of the Delhi High Court Act, 1966 (hereinafter called "the High Court Act") is as to its maintainability either under Section 39 of the Arbitration Act or under Section 10 of the High Court Act or under clause 10 of the letters Patent. The appeal has been filed in the following circumstances :

( 2 ) THE appellant had entered into a contract with the Regional Director (Food), Northern Region, New Delhi for handling/transporting work at Central Storage Depot, Shahjahanpur. The contract contained an arbitration clause and pursuant to certain disputes that arose between the parties, the same were REFERRED TO to an Arbitrator in terms of the contract who, by an Award made on December 6, 1966 awarded a sum of Rs. 78. 212. 20 in favour of the appellant. On the same day, the Arbitrator issued a notice to the appellant and the Union of India, respondent herein, informing them that he had made and signed the Award on the same day. The notice added that "a signed copy of the award is enclosed herewith. The parties are authorised to fil