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1985 Supreme(Ori) 117

B.N.MISRA
D. R. GUPTA – Appellant
Versus
STEEL AUTHORITY OF INDIA LTD. – Respondent


Advocates Appeared:
A.K.SAHU, ASHOK DAS, D.K.DEY, D.K.MOHAPATRA, M.R.MOHANTY, N.C.PATNAIK

B. N. MISRA, J.


( 1 ) THIS revision is directed against the order D/-2-5-1980 passed by the learned Subordinate Judge, Rourkela in Misc. Case No. 33 of 1979 rejecting the petitioner's application under Section 8 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') for appointment of an arbitrator to adjudicate upon the disputes between the petitioner and the opposite party in respect of the petitioner's claim for Rs. 21,35,250/ -.

( 2 ) THE petitioner's case is that by an indenture of lease dated 3-10-1963 the opposite party granted to the petitioner a lease of Ac. 12. 30 decimals of land together with buildings thereon for a term of ten years from 9-2-63. The lease was for the purpose of running a hotel-cum-restaurant in the demised premises. The lease contains the following arbitration clause :"in the event of any dispute or difference arising between the Lessor and the Lessee during the period of subsistence of the lease relating to the observance of the terms and conditions of the lease and/or interpretation relating to any clause herein, the same shall be referred by both the parties to the sole arbitration of the Chairman, Hindustan Steel Ltd. whose decision a









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