( 1 ) THE following question has been referred to Full Bench:-

"whether an application under Section 33 of the Arbitration Act, 1940, challenging the validity of an award on the ground of non-exis tence of the arbitration agreement, is governed by Article 119 (b) of the Limitation Act, 1963 (previously Article 158 of the Limitation Act, 1908)?"

( 2 ) ON June 22, 1962, Shri Kundan Lal, Pleader, purporting to act as the sole arbitrator made an Award whereunder the appellant and his guarantor J. N. Khanna. were held Jointly and severally liable to pay to Messrs Security and Finance (Private) Limited, New Delhi, respondent (hereafter referred to as the Company) a sum of Rs. 15,786. 85 Paise and were also to return vehicle No. M. P. E.-187 (Commar 1956 Model) or in default to further pay an amount of Rs. 10,000. 00 being the assessed market value. The arbitrator filed the award in Court at the instance of company and notice was given to the parties of filing thereof. The notice was served on the appellant on September 8, 1962, and on October 11, 1962, he made an application under section 30 and 33 of the Arbitration Act for setting aside of the award and for its being decl