STATE OF ORISSA Vs. SHYAM SUNDAR PANIGRAHI

JUDGEMENT

(1.) THE State of Orissa assails the order dated Jan. 8 1982 passed by the learned Subordinate Judge. Berhampur, on an application made under Section 8 of the Indian Arbitration Act (for short, the Act).

(2.) THE opposite party had entered into an agreement with the Executive Engineer, Ganjam (R & B) Division for construction of the building meant for the Vigilance Office under Agreement No. F-2-256/1976-77 at an estimated cost of Rs. 2.25.524.00 and the stipulated date for completion of the work was one year from the date of receipt of the work order, i. e., from Nov. 5. 1976. THE work was completed after the stipulated date in Mar. 1978. THE case of the opposite party was that he had received Rs. 2,27,007/- and he was entitled to get a balance amount of Rs. 1,54,000/-from the State and also an amount of Rs. 1,00,000/- being his claim for miscellaneous items of work done by him for which he had not been paid. THEse claims of the opposite party were not accepted and therefore, he came up with an application under Section 8 of the Act.

(3.) IN the result, I would allow the revision and set aside the impugned order with a direction that the application made before this Court with a prayer for addition of the State as a party to the proceeding shall be transmitted to the court of the learned Subordinate Judge who shall deal with the application in accordance with law. IN the circumstances of the case. I make no order as to the costs of this revision.