JUDGMENT

SEN. J. :—This appeal by special leave is directed against an order of the Orissa High Court dated November 6, 1980 summarily dismissing a revision filed by the appellant and upholding the order of the Subordinate Judge. Cuttack dated March 26. 1980 allowing an application made by the respondent under S. 8 read with S. 20 of the Arbitration Act, 1940, by which the learned Subordinate Judge, has set aside the appointment of the Superintending Engineer. Irrigation by the Chief Engineer to be the Arbitrator and instead appointed a retired District & Sessions Judge of Cuttack as the Arbitrator.

2. Put briefly, the essential facts are these. The respondent herein is a contractor and had entered into an agreement being Agreement No. I F-2 of 1970-71 with the State Government of Orissa relating to the Excavation of Satankha Distributory with its minor and sub-minor from O. M. to Tail. The respondent raised a dispute and served a notice on the Chief Engineer for the appointment of an arbitrator under Cl. 23 of the Agreement. Subsequent to the said notice he filed an application under S. 8 read with S. 20 of the Act before the Subordinate Judge Cuttack praying for the appointment of