STATE OF ORISSA Vs. S B JOSHI

JUDGEMENT

(1.) THIS revisional application is directed against an order of the learned Subordinate Judge, Cuttack dismissing an application under Sections 5 and 11 of the Arbitration Act for removal of an arbitrator.

(2.) IN order to understand how the question involved in the case arises, it is necessary to state certain facts. It appears that the opposite party No. 1 had entered into an agreement with the State of Orissa for construction of a High Level Bridge over the river Brahmani on National Highway near Dharmasala. Clause 19 of the agreement provides as follows :--

(3.) THE opposite party No. 1 has filed a xerox copy of letter No. 18111/A dated 24th Sept., 1968 issued by the Government of Orissa in the Works and Transport Department to the General Manager of opposite party No. 1 in connection with arbitration for another project. THE relevant portion of the letter is extracted below: