STATE OF ORISSA Vs. PURUSOTTAM PRADHAN

JUDGEMENT

(1.) IN this appeal arising out of the order dated 24-3-1982, passed by Mr. H. Mohapalra, the learned Subordinate Judge at Rourkela, dismissing Misc. Case No. 26 of 1982, registered on an application made by the State of Orissa raising objection to the acceptability of the award under Section 33, Arbitration Act, 1940, in Title Suit No. 46 of 1981, passed by Mr. Niranjaa Misra, Superintending Engineer, P. H. Circle, Sambalpur, the grounds taken by the learned Additional Government Advocate at the time of addressing this Court are that there was no valid reference because there was no dispute between the parties and the arbitrator had no jurisdiction to award interest. It has been submitted on behalf of the respondent that the learned Subordinate Judge had carefully considered these objections and had rejected the application.

(2.) THE appointment of the arbitartor was Dot challenged then and this question was agitated only after the submission of the award. No misconduct on the part of the arbitrator in the course of the proceeding had been alleged in the application made by the State. A dispute arose and both the parties submitted to arbitration. No ground has been made out that no valid reference had been made.