These two Rules were obtained against two orders passed by the Assistant to the Deputy Commissioner, Shillong, appointing an Arbitrator and affirmed by the Additional Deputy Commissioner, Khasi Hills, Shillong in appeal. The facts in both of the cases are common and the points of law involved are the same; as such this common judgment will dispose of both the cases.

2. The undisputed material facts may be briefly stated as follows:-

The Union of India (the petitioner herein) entered into an agreement being agreement No. 5/ACC/EE/SH of 1964-65 with M/s. Dev and Company, Shillong (Opposite party herein), on July 2, 1964, for construction of additional accommodation of the Accountant General, Shillong. Clause 25 of the Agreement, which is material, is in the following terms:

"Cl. 25: Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right matter or thing whatsoever, in any way arising out of or relating to the contract, designs, drawings, specificat