JUDGMENT :

S. Acharya, J. - The Petitioner has filed this revision against the order dated 8-8-1978 passed by the Subordinate Judge, Bhubaneswar in Misc. Case No. 387 of 1977 (A). That Misc. Case arose out of a petition filed under Sections 5 and 12(2) of the Arbitration Act (hereinafter referred to as the 'Act') for revocation of the authority of the arbitrator appointed in the case and to appoint another arbitrator in his place.

2. Mr. Rath, the learned Counsel for the Petitioner, contended that in accordance with Clause (23) of the F-2 agreement between the parties it was only the Chief Engineer, Roads & Buildings, Orissa who was to appoint the arbitrator in that case, but as the Additional Chief Engineer, and not the Chief Engineer, appointed the arbitrator, the latter had no authority or jurisdiction to proceed with the arbitrator of the dispute between the parties.

Admittedly, the Chief Engineer, Roads & Buildings, Orissa, was to appoint the arbitrator in accordance with Clause (23) of the F-2 agreement between the parties, but the arbitrator in this case was appointed by the Additional Chief Engineer of the department. Mr. Mohapatra, the learned Additional Government Advocate,