STATE Vs. NILGIRI ENGG CO OP SOCIETIES

JUDGEMENT

(1.) This revision petition is directed against the order of Subordinate Judge, Bhubaneswar, allowing the application filed by the opposite party No. 1 for removal of the arbitrator, opposite party No. 2.

(2.) The opposite party No. 1 was entrusted with the work "Widening the existing pavement of N. H. No. 5 from 203/0 to 109/0 kilometer" under Agreement No. 29F-2 of 1973-74. Disputes having arisen in course of the work, the said opposite party No. 1 moved the Chief Engineer, National High Way, petitioner No. 2, for appointment of an arbitrator as per the clause of the Agreement. Accordingly, the opposite party No. 2 was appointed as the sole arbitrator on 2-7-1976. The arbitrator entered upon the reference and proceeded with the matter to some extent. At a certain stage of the proceeding the opposite party No. 1 did not co-operate with the arbitrator resulting in a stalemate in the proceeding. This was followed by an application filed by the opposite party No. 1 u/Ss.5, 11 and 12 of the Arbitration Act for revocation of the authority of the arbitrator and to appoint another arbitrator in his place. By the impugned order the Court below revoked the authority of the opposite party No. 2 and appointed Sri C. Mohapatra, retired District Judge, in his place.

(3.) In course of argument, the learned Addl. Government Advocate appearing for the petitioners fairly concedes that in the facts and the circumstances of the case, he cannot successfully assail the decision of the Court below revoking the authority of the opposite party No. 2. He confines his challenge to the part of the impugned order appointing Sri C. Mohapatra as arbitrator. He submits that this has been done without giving an opportunity to the petitioners to submit a panel of names and without hearing them regarding the suitability or otherwise of Sri C. Mohapatra as arbitrator. The contention has substantial force.