STATE OF ORISSA Vs. BHAGYADHAR DASH

JUDGEMENT

(1.) Heard learned Additional Government for the petitioner-State of Orissa and the learned counsel for the opp.party.

(2.) This writ petition has been filed by the State of Orissa, inter alia, praying for quashing the order dated 23.4.1999 passed in M.J.C. No.224 of 1998 by the Hon'ble Acting Chief Justice of this Court. By the said order passed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') the Hon'ble Acting Chief Justice appointed an Arbitrator for arbitrating the dispute between the parties. Various grounds have been raised in this writ petition n which the petitioner-state of Orissa challenges the said order.

(3.) Learned counsel for the opp.party relying upon the decision of the Supreme Court in the case of S.B.P. and Co. v. Patel Engineering Ltd. and another 2005 (3) Arb. LR 285 (SC) submits that the present writ petition is not maintainable in view of the ratio of the said decision.