( 1 ) THIS is a revision application by the Union of India against an order of the learned Civil Judge, varanasi, allowing an application under Section 8 of the Indian Arbitration Act.

( 2 ) THE application was made by the respondent, Gorakh Mohandas, praying that an arbitrator be appointed to hear and decide certain matters in dispute between the parties, In the application, the respondent represented that he was proprietor of the National Trading Company, Allahabad, that as such proprietor he had entered into a contract with the Union of India and the Northern railway for the supply of stone ballast, that one of the conditions of the contract stipulated was that payment would be made regularly in respect of supplies effected every month and that there was also a condition providing for arbitration in case of a dispute between the parties. It was alleged that although he had made supplies during January and February 1961 and had submitted his bill accordingly, payment had not been made to him for one reason or another. It was said that a dispute had arisen between the parties in respect of the dues payable on account of the supplies made and also in respect of damages s