R. C. PATNAIK, J.

( 1 ) THIS revision is directed against the holding of the learned subordinate Judge, Bhubaneswar, that the application for removal of the arbitrator was not entertainable by him, as the appointment was made by the Supreme Court.

( 2 ) THE petitioner had entered into agreement No. 18 F-2 of 1971-72 for execution of the work. "renovation of Madansila M. I. P. " Disputes and differences between the parties having arisen, the petitioner called upon the Chief Engineer. Irrigation, to appoint an arbitrator in terms of the arbitration clause. The Chief Engineer having failed to appoint, an application was filed under Section 8 (2) of the Arbitration Act, 1940 ('act' hereafter) for appointment of an arbitrator and the learned subordinate Judge in Misc. Case No. 378 of 1979 appointed Shri B. S. Patnaik, a retired District Judge, as the sole arbitrator. Some time later, opposite party No. 2 filed an application under Section 33 of the Act challenging the existence of arbitration agreement and the validity of the arbitration proceeding. The application having been rejected by the learned subordinate Judge in Misc. Case No. 480 of 1980, the matter was brought to this Court