STATE OF ORISSA Vs. CONSOLIDATED CONSTRUCTION COMPANY ENGINEERS

JUDGEMENT

(1.) THIS appeal under Section 39 of the Arbitration Act calls in question the decision of the learned Subordinate Judge of Bhubaneswar by which he has made an award Rule of the Court under Section 17 of the Act. Respondent No. 1--a firm of contractors--undertook construction of the School of Mining Engineering at Keonjhar by entering into a contract in the standard F-2 Form on 22-8-1962. Work order had, however, been given on 30th of June, 1961, and the construction of the ground floor was over by 31-12-1961, and of the first floor by 30th of June. 1962. The claimant-contractor have notice under Section 8 of the Arbitration Act for appointment of an arbitrator. The Additional Chief Engineer appointed respondent No. 2 as the arbitrator. When the contractor's application for revocation of the authority of the appointed arbitrator was rejected the contractor had moved this Court in Civil Revision No. 489 of 1978 and a learned single Judge by his Judgment on 15-5-1979 reported in 48 Cut LT 138: (AIR 1980 NOC 31 (Ori) Consolidated Construction Co. v. State of Orissa allowed the application and appointed Sri Abhimanyu Misra, a retired Judge of this Court, as arbitrator. From paragraph 7 of the reported decision, it appears :-

(2.) FIVE objections in the main have been raised in this appeal by learned Additional Government Advocate :--