JUDGMENT :

P.C. Misra, J. - This is an appeal u/s 39 of the Arbitration Act, 1940 against a judgment of the learned Subordinate Judge of Bhubaneswar in O. S. No. 231 of 1982 (I) by which the award of an Arbitrator has been set aside.

2. The appellant-claimant was entrusted with the work "Excavation of Surplus Channel of Kakalbaki M. I. Project with construction of Grade Walls and Energy Dissipation Blocks" under an agreement bearing No. 11 F-2 of 1977-78. The said agreement was executed between the claimant and the Executive Engineer. Minor Irrigation Division, Phulbani. A dispute within the meaning of Arbitration Act having arisen between the parties Shri B. S. Patnaik, Retired District Judge, was appointed as the Arbitrator.The Arbitrator entertained the claim petition and counter there to and after giving opportunities to the parties for substantiating their respective cases passed an award for Rs. 5,55,550/- in favour of the claimant appellant and further granted interest at the rate of 9 per cent per annum with effect from 3. 4. 1979 till the date of payment or the date of decree whichever is earlier. On receipt of the award the parties were noticed to file their objection again