EXECUTIVE ENGINEER GANJAM Vs. SANKAR MAHARANA

JUDGEMENT

(1.) THIS is an appeal under S. 39 (1) (vi) of the Arbitration Act of 1940 (hereinafter referred to as the 'Act') directed against the judgment of the learned Subordinate Judge of Berhampur refusing to remit an award and making it a rule of the court.

(2.) RESPONDENT entered into a contract in the prescribed F-2 form with the Executive Engineer (Roads and Buildings) Division, Ganjam, for the laying of the approach road to the high-level bridge over river Bagua between Aska and Boirani. There was dispute between the parties in the matter of payment of the dues for the work done by the contractor and the contractor invoked the arbitration clause in the contract. Ultimately under S. 20 of the Act, an application was made to the court and the court appointed Sri Banabasi Patnaik, Superintending Engineer in the employment of the State Government as Arbitrator. On 14-2-1976, the award was made and on 17th February, 1976, the same was filed in court. On behalf of the Executive Engineer, objection was raised to the eward on several grounds, but by order dated 10th January, 1977, the learned Subordinate Judge refused to set aside the award and remit the same and made it a rule of the court.