STATE OF ORISSA Vs. D C ROUTRAY

JUDGEMENT

(1.) THESE revisions arise out of orders passed by the learned Subordinate Judge of Bhubaneswar in Original Suit Nos. 220 and 221 of 1981 refusing the prayer of the petitioner to examine the arbitrator as a witness.

(2.) DISPUTES arose between the parties in connection with the execution of the work under agreements Number 33 P-2 of 1972-73 and Number 34 P-2 of 1972-73 and were referred to arbitration in Misc. Case Numbers 244 and 245 of 1977. The arbitrator submitted the awards in favour of the opposite party for a sum of Rs. 19,87,646/- in the former, and for Rs. 20,11,625/- in the latter. The petitioner filed petitions in both the cases questioning the validity of the awards on the ground that the arbitrator had no jurisdiction to entertain some of the claims as those were not arbitrable. It was also alleged that the arbitrator had misconducted the proceedings by his failure to state or incorporate in the awards his answers to the questions raised in the petitions filed by the petitioner on 21-6-1980. It was alleged that the petitioner had filed in each of the cases before the arbitrator a petition challenging his jurisdiction on the ground that some of the claims were not covered by the terms of the agreement and thus were beyond his arbitral authority. The arbitrator heard the parties on the petitions and recorded his order dated 8-7-1980, in each of the cases as under .-