(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 :-