MAHABIR PRASAD AGARWALLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal under Section 39 of the Arbitration Act, 1940 (hereinafter referred to as the 'Act').

(2.) APPELLANT is a works contractor. He entered into agreement with the respondent for execution of some works, details of which are not necessary, relating to Express Way. A written agreement was entered into which was No. 45 -F2 of 1968 -69.

(3.) THE objections of the claimants inter alia are : (i) Sri Panda had no jurisdiction to be the Arbitrator. (ii) The award having been given more than four months after entering into reference is without jurisdiction. (iii) On the face of the award, an error of law is apparent inasmuch as that Sri Panda, the Arbitrator refused to entertain the claims of the appellant on account of receipt of payment of final bill. The respondent contested all the grounds raised in the objection to the award. After consideration of the objections and hearing the parties, the trial Court rejected the objection in the impugned order.