ORDER : The petitioner-company is a manufacturer of steel having its factory at Rourkela in the State of Orissa. The petitioner entered into a contract with the opposite party for execution of certain works at Rourkela. Dispute and differences arose amongst the parties out of the execution of the said contract. Under the terms of the agreement the same was referred to the sole arbitrator Sri S. C. Banerji, the then Deputy Chief Engineer of the petitioner-company in 1965. The opposite party unnecessarily protracted the arbitration proceedings and finally on 30th of October 1966 the arbitrator passed the following order (Ext. 1).

"Present enlargement of time expires on 20-11-1966. It is apparent from the proceedings that it will not be possible to complete the proceedings and file the Award within this time. The claimants are therefore directed to apply for enlargement of time from the competent court.

(S. C. Banerjea)

Sole Arbitrator".

2. The opposite party, however, filed an application for extension of time under Section 28 of the Arbitration Act (hereinafter to be referred to as the Act) in the court of the Subordinate Judge. Sundargarh, only on 21-8-1969. Ground Nos. 4 and 5 taken