B. N. MISRA, J.

( 1 ) THIS appeal under S. 39 (1) (vi) of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') is directed against the judgment dt. 4-10-82 of the learned Subordinate Judge, Nayagarh in O. S. No. 18 of 1982 (Arbitration ).

( 2 ) THE respondent is a contractor. Appellant No. 3 had entrusted him with the execution of "construction of Panipoila MIP" under agreement No. 187-F-2 of 1971-72. Disputes arose between the parties and as appellant No. 2 failed to appoint an arbitrator as per Cl. 23 of the agreement, the respondent moved the court for appointment of an arbitrator under S. 8 (2) of the Act. The application was registered as Misc. Case No. 8 of 1980 and after hearing the parties the learned Subordinate Judge by order dt. 18-11-80 read with order dt. 15-12-80 appointed Shri Prafulla Chandra De, Retired District and Sessions Judge, as the Arbitrator to decide the disputes between the parties. The respondent filed a statement of claims and the appellants filed counter before the learned Arbitrator who heard the parties and finally on 15-5-82 made an award of Rs. 19,57,775/- (Rupees Nineteen Lakhs Fiftyseven Thousand Seven Hundred and Seventyfive only) i