N. K. DAS, J.

( 1 ) APPELLANT is a contractor under the Orissa Forest Corporation for transport of round timbers and an agreement had been entered into by the parties on 11-81978. The Divisional Manager of the respondent had signed the agreement on behalf of the respondent. As disputes arose between the parties, the present appellant instituted O. S. No. 41/79-I under Section 20 of the Arbitration Act for appointment of an arbitrator. The court appointed one Shri S. H. Rao, an advocate of Jeypore as the arbitrator. The arbitlator called upon the parties to file statements of claims. In pursuance of the notice of the arbitrator, the present appellant appeared and filed his statement of claims, but the respondent did not appear nor participated in the arbitration proceedings. The arbitrator passed an award for Rupees 2,25,000. 00. The said award was challenged by the present respondent under Sections 30 and 33 of the Arbitration Act and the application of the respondent was registered as Misc. Case No. 240/80. It was alleged that the appellant did not transport the entire quantity of timber and did not perform any work in some coupes. Therefore, the Divisional Manager got the work d