SMT. MAITRI SHUKLA Vs. RASHIK LAL RATHOR

JUDGEMENT

(1.) THESE two civil revisions arise out of on order dated 31 -1 -1974 passed by the learned Subordinate Judge of Rourkela whereby two petitions filed by the opposite party under Section 41 of the Indian Arbitration Act for issue of a temporary injunction and for appointment of a receiver were allowed.

(2.) THE Petitioner is a mine owner who has taken lease of 254.25 acres in Gonua Iron Mines in the district of Sundargarh. The opposite party is a raising contractor who entered into on agreement with the Petitioner to operate the mines at his own costs and to pay the Petitioner on overall profit of Rs. 1.50 per ton of metal raised. The agreement was duly executed and registered on 10.4.1969. It contained on arbitration clause in the following terms:

(3.) THE learned Subordinate Judge allowed both the petitions prohibiting the M.M.T.C. from paying any amount of the sale proceeds of iron ores to the Petitioner until finalisation of the arbitration proceedings and directing appointment of a receiver to take charge of the ores lying at the pit -head.