N. K. DAS, J.

( 1 ) THE petitioner, an 'a' class contractor had undertaken construction of distribution System of a canal in the district of Phulbani. For the said work, he entered into an agreement under the F2 contract. As disputes arose between the petitioner and the opposite parties, the petitioner requested the Department to settle the disputes and as the opposite parties did not pay any heed to the request of the petitioner, the peitioner communicated with the Chief Engineer to appoint an arbitrator for settlement of the disputes, as provided in the agreement. The Chief Engineer was duly served with a registered notice on 23 1-1979 who received the same on 24-1-1979. Notice was also served on the concerned Executive Engineer, As no arbitrator was appointed within, the prescribed period of fifteen days, the petitioner filed the case in the court of the subordinate Judge, Bhubaneswar for appointment of an arbitrator after expiry of the statutory period. A counter was filed by opposite party No. 3, the Executive Engineer, M. I. Division, stating that the Chief Engineer, R. E. O. had already appointed one D. Patra, Superintending Engineer, Planning and Designs, R. E. O. , as arb