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1972 Supreme(Ori) 35

R.N.MISRA
STATE OF ORISSA – Appellant
Versus
MODERN CONSTRUCTION CO. – Respondent


Advocates Appeared:
N.R.MOHANTY, S.MOHANTY

R. N. MISRA, J.

( 1 ) THESE are six applications under Section 115, Civil P. C. at the instance of the state of Orissa and one of its employee engineers for removal of an appointed arbitrator by quashing the order of the learned trial Judge.

( 2 ) THE short facts relevant for the purposes of the revisions may be stated. The state Government of Orissa and the opposite party entered into contracts for execution of works. Such contracts had an arbitration Clause in the event of disputes arising in relation to the contracts. Disputes arose and the opposite party contractor wanted an arbitrator to be appointed for resolving such disputes. As no steps were taken in spite of demands of the contractor, the matter ultimately came before the court and the learned Subordinate Judge appointed Sri N. K. Misra, a retired Superintending Engineer, as the sole arbitrator. The State came before this court challenging such appointment mainly on the ground that Sri Misra was a retired employee of the State and the arbitration clause contemplated an engineer in the employment of the State. This Court did not entertain the objection of the State and Sri Misra's appointment stood affirmed. Soon after a









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