Judgement

ORDER :- By order dated 26-8-1976, passed by the learned Subordinate Judge, Cuttack, in Miscellaneous Case No. 240 of 1976, Mr. Baradakanta Misra, Advocate, was appointed as arbitrator with regard to the dispute between the parties in connection with reconstruction of weak and narrow culverts over National High way No. 5 from miles 718/0 to 727/9 existing within the Khurda P.W.D. sub-division in the district of Puri, under F-2 agreement No. 3 of 1974-75. In the course of heating before the arbitrator, the appellant in Misc. Appeal No. 159 of 1978 who is the petitioner in Civil Revision No. 517 of 1978 (hereinafter referred to as the claimant) was examined on Dec. 3, 4 and 5-12-1976. The matter was adjourned and notice of the adjourned date, it is said was not given to the claimant. On 23-12-1976, the claimant moved the learned Subordinate Judge for revoking the authority of the arbitrator on various grounds. The application was dismissed as infructuous because prior to its disposal, the arbitrator had completed the enquiry and submitted his award. But this order was set aside by this Court in Civil Revision No. 227 of 1977 with a direction that the application for revocati