ABADHUTA JENA Vs. UNION OF INDIA

JUDGEMENT

(1.) - Orders directing the appointing authority to appoint an arbitrator as per the terms of the agreement preferably a retired Engineer of the Military Engineering Service or any other retired competent Engineer as Arbitrator and directing petitioner to bear the entire expenses of the arbitration proceeding are subject matter of these two Civil Revisions, Since same question is involved in both the revisions, they are taken up together.

(2.) MR . Ashok Mohanty, learned Standing Counsel of Central Government prayed for adjournment of the Civil Revision on the ground that he has not been supplied any brief as yet by the concerned officers. I find that on 8.11.1990 specific order has been passed for hearing of the Civil Revisions finally since Mr. U.C. Panda, learned Additional Standing Counsel appeared that day and submitted that he has instruction to appear on behalf of opposite partly Nos. 1, 2 and 4. Notice through special messenger has been sent on opposite partly No. 3 in view of urgency, After service of notice as well as after receipt of lower court records, the revisions have been listed. Accordingly, I am not inclined to adjourn the matter.

(3.) CLAIMING that disputes have arisen between parties, petitioner filed two applications under Section 20 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') for a direction to file the agreement and appoint an arbitrator. After hearing the parties, trial court has passed the impugned orders.