GENERAL MANAGER KALINGA IRON Vs. B RAJKUMAR PATRA

JUDGEMENT

(1.) General Manager of a factory belonging to a State Public Sector Undertaking is the petitioner in this Civil Revision, which arises out of an order of the Subordinate Judge, Champua, refusing the prayer of the petitioner to call for the records from the Arbitrator.

(2.) BY order dated 17. 7. 1980 in Misc. Case No. 78 of 1979, the Subordinate Judge, Keonjhar, in exercise of power under Section 8(2) of the Arbitration Act, 1940 ( hereinafter referred to as the 'Act') appointed Shri Prananath Bhuyan, Advocate, Keonjhar,to settle the disputes between the petitioner and the opposite party. The opposite party was a works contractor executing the work for the petitioner. The Arbitrator decided the dispute on the basis of the documents filed, oral evidence recorded and his local inspection awarding Rs. 3, 70,000/ - to the claimant. He also awarded pendente lite interest @ 10% from 15. 1. 1979 on the basis of the submission of the counsel for the claimant opposite party since the counsel for the petitioner did not raise any objection. The Arbitrator made the Award and signed it on 25. 2. 1982 on a stamp paper supplied by the opposite party which the opposite party had obtained from a stamp vendor of Bhubaneswar on 23. 2. 1982. The Award was filed in the Court of the Subordinate Judge, Keonjhar, on 25 2. 1982 on the very day it was signed. No notice of the making and signing of the Award was given to the parties as provided in Section 14(1) of the Act.

(3.) PETITIONER filed an application on 12. 7. 1982 to call for entire case record of Misc. Case No. 78 of 1979 of the Court of Subordinate Judge, Keonjhar, in which the Arbitrator was appointed under Section 8 of the Act, and to direct the Arbitrator Shri Prananath Bhuyan to send the records of the Arbitration proceeding conducted by him to enable him to satisfy the Court on the objection filed by him. This application having been rejected by the impugned order,the present Civil Revision has been filed.