JUDGMENT

Santosh Hegde, J.-Leave granted.

Heard learned counsel for the parties.

2. State of Orissa in this appeal has challenged the order of the High Court of Orissa at Cuttack dated 8.4.2002 made in O.J.C.No. 1483 of 2002. In the said writ petition, the State of Orissa had challenged the validity of an order made by the Judge designated by the Chief Justice of the said court for appointing an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (the Act ).

3. The High Court after referring to a judgment of this Court delivered by a Constitution Bench in the case of M/s. Konkan Railways Corporation Ltd. & Anr. vs. M/s. Rani Construction Pvt. Ltd. [(2002) 2 SCC 388] came to the conclusion that a writ petition under Article 226 of the Constitution of India questioning the correctness of an order made by the Designated Judge under Section 11(6) of the Act is not maintainable because the said order is an administrative order and this Court in the case of M/s. Konkan Railway (supra) has held that such an order cannot be challenged before this Court under Article 136 of the Constitution of India. Drawing an analogy from the said judgment, the High Court came to