Judgment

SHAH, J. : A dispute arising under a contract relating to the supply of solidified fuel between Messrs. Mohindra Supply Company hereinafter referred to as the respondents and the Governor-General of India in Council was referred to arbitration of two arbitrators. On March 19, 1946, the arbitrators made and published an award directing the Governor-General to pay to the respondents Rs. 47,250/- with interest at 3 per cent from July 17, 1944, till payment. This award was filed in the Court of the Subordinate Judge First Class, Delhi. The Governor-General applied for an order setting aside the award on certain grounds which for the purposes of this appeal are not material. The Subordinate Judge refused to set aside the award on the grounds set up and rejected the application. Against the order refusing to set aside the awarded, the Governor-General preferred to the Lahore High Court an appeal which after the setting up of the Dominions of India and Pakisthan was transferred to the Circuit Bench of the East Punjab High Court at Delhi. Falshaw, J. who heard the appeal set aside the order, because in his view the dispute could not be referred to arbitration under the contract whi