( 1 ) CERTAIN disputes having arisen between Shri A. S. Dhupia, respondent No. 1, and the Union of India, the appellant, the same were referred to the Arbitration under clause 25 of the Contract Agreement. Before the Arbitrator, respondento. 1 filed his claim. The appellant also filed its counter claim which, however, was rejected by respondent No. 2 on the ground that the counter claim was not maintainable as it was outside the scope of reference. The arbitrator accepted the objection and ordered that he would proceed with the claim of respondent No. 1. Thereafter the appellant filed an application under Section 33 of the Arbitration Act, 1940 (hereinafter called the Act) in this court. This application was decided by a learned single judge of this court by his order dated 16-1-1970. The Union of India aggrieved against the order filed the present appeal. When this matter came up for hearing before the Division Bench, objection was taken that the appeal was not competent as the order pased by the learned single judge was not one of those orders mentioned by sub-section (1) of Section 39 of the Act, and therefore, no appeal is maintainable. The appellant, however, maintain