1. This is a first appeal from order filed under S.39 of the Indian Arbitration Act, 1940 . The appeal has been filed on behalf of the Domestic Engineering Installations Gorakhpur through its partner Sri Gorakh Mohan Das (hereinafter referred to as the plaintiff). The respondent to this appeal is Fertilizer Corporation of India Ltd. (hereinafter referred to as defendant).

2. The order appealed against is an order purported to have been passed under S.20 of the Indian Arbitration Act, 1940 (hereinafter referred to as the Act).

3. The plaintiff filed an application under S. 20 of the Act alleging inter alia the facts given hereinunder. The defendant invited sealed tenders in August, 1964 for carrying out the work of laying Main Sewerage in the Fertilizer's Township. The plaintiff submitted its tender which was eventually accepted by the defendant