( 1 ) THIS revision is directed against the order passed by the District Judge, Durg at Rajnandgaon on 30th December 1963 whereby be dismissed the petitioner's application under Section 33 of the Arbitration Act. 1940 (hereinafter called the act) to have the effect of an arbitration agreement determined.

( 2 ) THE Hindustan Steel Limited, Bhilai Steel Project, Bhilai (hereinafter called the project) entered into, on 21st June 1956, a contract with Messrs. Kaushal construction Company (hereinafter called the Company) for the construction of gas Cleaning Plan) on the same rates as agreed with Messrs Khare and Tarkunde (P) Limited. Subsequently, on 30th August 1957, the work of Crane Track for Coal storage in the Coal Preparation Plant, on the same contract, conditions and rates, was also awarded to the Company. The agreement is on a printed form with two clauses (Clause 39 and Clause 40) superimposed on it and is also supplemented by a typed document styled as " Special Conditions of Contract". The construction works were completed by 31st January 1960 Certain sums of money were paid from time to lime by the Project to the Company during the construction of the works.