STATE OF ORISSA Vs. B N AGARWALA

JUDGEMENT

(1.) THIS is an appeal under Section 39 (vi) of the Indian Arbitration Act against the order of the learned Subordinate Judge of Bhubaneswar refusing to set aside an award.

(2.) THE respondent was entrusted with the work (Construction of Chhatrang M. I. P. Head Works) by the Ex ecutive Engineer, R. E. Division, Phulbani after acceptance of the tender sub mitted by him. An agreement was en tered into between the parties and in terms thereof the respondent took up execution of the work. Disputes having arisen between the parties in respect of the work, the Chief Engineer, R. E. O. appointed Shri B. N. Das, Superintend ing Engineer as Arbitrator. THE Arbi trator submitted his award on 25-2-1980 awarding a sum of Rs. 50,465.12 in favour of the respondent. THE details of the award are as follows :