STATE OF ORISSA Vs. PARAMANANDA PRADHAN

JUDGEMENT

(1.) The appeal and the revision arising out of Title Suit No.46 of 1980 of the Court of the Subordinate Judge. Bhubaneswar, have been heard analogously and will be governed by this common judgement.

(2.) The respondent in the appeal, who is the opposite party No.1 in the revision, made an application under S.20 of the Arbitration Act ('the Act' for short) to call for the agreement and appoint an arbitrator to adjudicate upon the dispute between him and the appellants in the appeal, who are the petitioners in the revision. According to the claimant, he was entrusted with the work "Construction of Sewerage Scheme to Goutam Nagar and Part of Panthanibas, Bhubaneswar" and he entered into an agreement with the Executive Engineer, Public Health Construction Division, Bhubaneswar. Certain disputes having arisen between the parties, the Chief Engineer was requested to appoint an arbitrator under cl.25 of the agreement and since the Chief Engineer did not make any appointment, an application was made before the learned Subordinate Judge who did not accept the contention raised by the State that the agreement did not contain any arbitration clause and directed the filing of the agreement. It is this order which is assailed in the appeal.

(3.) Clause 25 of the agreement would read thus :