UNION OF INDIA Vs. KISHORE CHANDRA PADHY

JUDGEMENT

(1.) THESE two applications under Order 47, Rule 1 of the Civil P. C. have been filed for review of the consent orders dated 20-3-79 passed by this Court in Civil Revisions Nos. 116 and 117 of 1979. Biswanath Padhy, opposite party, (hereinafter called the 'Contractor') entered into an agreement dated 10-2-76 with the President of India through the Deputy Chief Engineer (Constrution). South Eastern Railway, Waltair (opp. party No. 2) for execution of some works regarding some bridges etc. Dispute having arisen between the parties regarding settlement of claims, opposit party No. 1 filed. Misc. Cases Nos. 258 and 259 of 1978 on 23-8-78 before the Subordinate Judge. Bhubaneswar under Sections 8 and 11 of the Arbitration Act and prayed for appointment of a law knowing person as the Arbitrator to enter on the reference to be made to him and to make an award. The Court by order dated 21-11-78 on the application of the Contractor permitted to amend the application and to treat the same as a plaint under Section 20 of the Arbitration Act and to implead the Union of India represented by the General Manager, South Eastern Railway as -a party. Thereafter O. S. Nos. 126 and 127 of 1978 were registered and a joint written statement on behalf of all the defendants, namely. Union of India represented by the General Manager, South Eastern Railway, the Deputy Chief Engineer (Construction). South Eastern Railway, Waltair and the District Engineer (D. & D. B. K.). South Eastern Railway, Waltair, was filed, through their Advocate Shri Indrajit Ray. The suits were heard and on 22-12-78 the Court pronounced judgment the ordering portion of which is as follows:--

(2.) ORDER 47 Rule 1 C. P. C. deals with the Question of review which is as follows :-