CHANDRA SINGH Vs. EXECUTIVE ENGINEER, ASSAM RAILWAY AND OTHERS

JUDGEMENT

(1.) THIS is an appeal against an order of the Additional District Judge, Upper Assam Districts, Silchar, who refused to make an award the rule of the Court end pass a decree on the said award.

(2.) THE material facts are that during the continuance of the last world war the Railway Administration, then known as Bengal and Assam Railway invited tenders for the construction of additional staff quarters for the Traffic and Electric Departments of the said Railway at Akhaura, a place which is now in East Pakistan. Sardar Chanda Singh, who is the appellant before us, submitted a tender. His tender was accepted and an agreement was entered into on the 26th of July 1945 between the contractor on one side and the Governor -General of India, represented by the Executive Engineer, B. and A. Railway, Haflong on the other for the construction of the said houses.

(3.) In pursuance of the above Press Note the appellant submitted his bill to the Government or India. Nothing, however, happened. Thereafter the appellant took recourse to the provisions of the arbitration clause under the agreement and appointed Shri Sudhir Chandra Dutta Roy, Pleader, Silchar, as the sole arbitrator. The arbitrator sent notice to the Govt. of India indicating that he was appointed the sole arbitrator in pursuance of the arbitration clause in the agreement and that 29th June, 1949 was fixed for hearing the cases of the parties.