JUDGMENT

D.S. Mathur, J. - This order shall govern Civil Revision Nos. 149 and 150 of 1963, both by the Union of India and two others, against the order of the Civil Judge of Varanasi entertaining the applications of M/s Gopal Dass and Co. and appointing an arbitrator under Sec. 8 of the Arbitration Act.

2. The material facts of the case are that the opposite party, M/s. Gopal Dass and Co., was given two contracts after execution of agreements each containing an arbitration clause. The arbitration clauses are similar. In the event for any question or dispute arising under or in connection with the contract except as to any matter the decision of which was specifically provided for by the conditions of the contract the same was to be referred to the arbitration of a sole arbitrator nominated by the General Manager of the North Eastern Railway. The decision of the arbitrator was to be final and binding on the parties. In case of the arbitrator leaving the arbitration unfinished on account of his transfer or otherwise the General Manager was to nominate another arbitrator in his place and the arbitrator so nominated would have the same powers as the one originally nominated. Such an ar