Judgment

D.P. Wadhwa, J.-I agree.

I may, however, add that in this case the agreement was entered into in January, 1974. After disputes and differences arose and parties went for arbitrator, the Arbitrator gave his Award on November 30, 1978. The Award was challenged by the respondent before the Sub-Judge, Bhubaneshwar who upheld the Award by judgment and order dated August 7, 1980. The matter was taken in appeal before the Orissa High Court by the respondent. High Court by its judgment dated November 19, 1986 allowed the appeal holding that the Arbitrator had failed to decide the actual disputes specifically referred to him and remitted the matter to the Arbitrator for reconsideration under Section 16 of the Arbitration Act. This appeal was filed by the State of Orissa against the judgment of the High Court and it has taken more than 12 years for the decision of the appeal. However, it was not necessary that the State Government should have challenged the order of the High Court in the circumstances of the case causing unnecessary expense to the parties and the time this Court had to spend in hearing the appeal. Had the State Government abide by the order of the High Court that the