MALIK, J. : - The appellant is a Railway contractor. He entered into a contract with the South Eastern Railway for the performance of various works in connection with the Bhilai Marshalling Yard. Disputes having arisen on certain claims preferred by the appellant against the Railway Administration, they were referred to the arbitration of Shri S. K. Mitra, Deputy Chief Accounts Officer and Shri R. P. Basu Choudhury, Engineer-incharge (Bridge). Relevant extract from the letter of reference addressed from the Office of the General Manager, may usefully be reproduced here :

".................. All disputes and differences between the parties to the aforesaid contract except disputes relating to matter specifically taken out of the purview of the Arbitration Clause contained in the aforesaid Agreement are referable to arbitration. Under the aforesaid Agreement, the General Manager is the person empowered to nominate and appoint arbitrator for deciding the disputes and differences between the parties to the aforesaid Contract as are referable to arbitration.

2. The General Manager has accordingly nominated and appointed you as Arbitrators in the above matter. You are, therefore,