LAWS(ORI)-1981-9-24

STATE OF ORISSA Vs. LAXMINARAYAN SAMANTARAY

Decided On September 29, 1981
STATE OF ORISSA Appellant
V/S
LAXMINARAYAN SAMANTARAY Respondents

JUDGEMENT

(1.) THIS application under Art.226 of the Constitution by the State of Orissa through an Executive Engineer calls in question the order passed on 11th of February, 1981 (Annexure-5) by the Arbitrator (opposite party No.2) in a dispute referred to the said Arbitrator in terms of cl. 23 of an F-2 contract between the petitioner and opposite party No.1.

(2.) OPPOSITE party No.1, a contractor, undertook execution of the work entitled "Improvement to Sikhar-Karuo Road under M.N.P. from Kilometre 0/0 to 8/0." and F-2 contract No.10 of 1978-79 was executed between the parties. Incorporated in the contract was an arbitration clause to the following effect :-