N. K. DAS, J.

( 1 ) THE Fertiliser Corporation of India (hereinafter referred to as 'the corporation') is a company incorporated under the Companies Act and it has its branch office at Talcher in the district of Dhenkanal. For construction of its factory at Talcher, tenders were invited for supply of 175 lakhs of kiln burnt bricks and the opposite party was one of the tenderers. After negotiation, his tender was accepted and supply thereunder was to be completed by 30th of june, 1975. The opposite party filed a petition under Section 8 (2) read with section 8 of the Arbitration Act in the court of the Subordinate Judge, bhubaneswar. The said petition was allowed and one retired District Judge was appointed as arbitrator. The present revision is directed against that order.

( 2 ) OPPOSITE party was the petitioner in the court below. His case was that after negotiation, tender for supply of 175 lakhs of kiln burnt bricks was accepted and supply was to be completed within eighteen months from 22-8-73. It was further fixed that supply of 72,00,000 bricks would be made by 30-6-74 and 15,00,000 bricks were to be supplied by 30-9-74. The officers of the corporation did not fix the stack