G. K. MISRA, J.

( 1 ) GOVINDA Chowdhury, opposite party, filed an application before the subordinate judge, Bhubaneswar, making a prayer that the petitioners (State of Orissa and the executive Engineer, Bhubaneswar Division) should be directed to file the agreement, notice under Section 8 of the Indian Arbitration Act (hereinafter. , referred to as the Act) and other papers relating to dispute, and to appoint an arbitrator for giving an award. It is not necessary to give the detailed terms of the agreement. Clause (23) of the agreement, so far as relevant, runs thus:

"except where otherwise provided in the contract all questions and disputes. . . . . . shall be referred to the sole arbitration of a Superintending engineer of the-State Public Works Department unconnected with the work at any stage nominated by the concerned Chief Engineer. If there be no such Superintending Engineer it should be referred to the sole arbitration of the Chief Engineer concerned. It will be no objection to any such appointment that the arbitrator so appointed is a Government servant. The award of the arbitrator so appointed shall be final, conclusive and binding on all parties to this contract. "

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