S. N. Ray, J. - (1.) Leave granted.
(2.) Heard learned counsel for the parties. This appeal is directed against the judgment dated October 8, 1991 passed by the Division Bench of Gauhati High Court in Civil Revision Case No. 74 (8H) of 1989. The aforesaid decision was made by the Division Bench of the High Court on a reference by a learned Single Judge of the Gauhati High Court in the said Civil Revision Case No. 74 (SH) of 1989. The learned Single Judge having disagreed with a decision by a Single Bench of the Gauhati High Court in Union of India v. D. S. Narula and Co. in Civil Revision No. 33 (H) of 1985, 1991 GLJ 400, that no revision lies against the appellate judgment passed in the appeal under Section 39 of the Arbitration Act, referred the Revision Case to the Division Bench for deciding the maintainability of the Revision Petition filed under Rule 36A of the Rules for the Administration of Justice of Police in the Khasi and Janitia Hills 1937, against the appellate order dated March 28, 1968 passed by the learned Additional Deputy Commissioner, East Khasi, Nille, Shillong arising out of the order dated July 21, 1984 passed by the Assistant to the Deputy Commissioner at Shillong rejecting the objections made under Section 30 of the Arbitration Act and making the award in question, a rule of Court.
(3.) A contract was awarded to the appellant by the respondent for levelling of the sites at Mashiour near Silcher. In view of dispute between the parties on the claim of the appellant for the aforesaid work, the dispute was referred to the sole arbitrator being Engineer-in-Chief, Defence Headquarters, New Delhi by an order of Court. The sole arbitrator after hearing the parties made a non speaking award on July 28, 1982, for a sum of Rs. 6,72,645.56 in favour of the appellant with interest on the said sum at 10% from the date of award till realisation.;