UNION OF INDIA Vs. ALLIED CONSTRUCTION COMPANY

JUDGEMENT

(1.) THESE two revisions arise out of orders passed by the learned Subordinate Judge, Balasore, rejecting the two applications filed by the petitioners for removal of the arbitrator.

(2.) THE opposite party entered into agreements with the petitioner, namely, contract No.20 of 1971-72 and contract No.7 of 1971-72 for construction of storage and residential quarters at Chandipur in the district of Balasore. Disputes having arisen, Original Suits Nos.36 of 1974 and 37 of 1974 were filed under S.8 read with S.20 of the Indian Arbitration Act, 1940. THE applications were allowed and an engineer was appointed to act as arbitrator. Miscellaneous Appeals Nos.9 of 1977 and 10 of 1977 were filed in this Court. THE challenge was relating to the personnel of the arbitrator. In para 3 of the judgement of this Court, disposing of both the appeals in a common judgement, it has been held :