In respect of latter two companytracts, after executing some work, he abandoned the companytract and accepted the measurements and payment of the fourth running bill without any objection on July 19, 1976 and October 6,1977 respectively.
By orders dated September 7 and 14, 1981, the Subordinate Judge allowed the application under Section 8 and directed the parties to file the agreement in the companyrt and also to numberinate panel of names for appointment as an arbitrator.
6 SCR 800 The Judgment of the Court was delivered by RAMASWAMY, J. These appeals arise from the orders of the High Court of Orissa dated February 15, 1982 made in Miscellaneous Appeal No.
Thus, these appeals for special leave.
The respondent thereon filed applications under Sections 8 and 20 of the Arbitration Act.
65 of 1982 etc.
With regard to the first, he accepted the measurement and payment of the bill without raising any objection.
for pipes W s to village Kentile as per agreement dated September 21,1967, Village Kentile water supply scheme companystruction of 20,000 gallons capacity R.R. masonary underground Reservoir as per agreement dated July 19, 1976 and Piped water supply to Kentile Construction of 0.135 M.G.D. Treatment Plant as per agreement dated October 6, 1977 for the years 1967 68,1975 76 and 1976 77 respectively.
On revision and appeals having been filed, the High Court, by its order dated February 15, 1982, dismissed the revision and miscellaneous appeals.
The respondent contractor was entrusted with the work companystruction of sump and pump chamber etc.
On September 15, 1980 the respondent wrote a letter to the Chief Engineer, Public Health, Orissa alleging that disputes had arisen out of and relating to the aforesaid agreement for the works clone and called upon the Chief Engineer to numberinate an arbitrator who in turn informed the respondent that since there was numberarbitration clause in the agreement, the question of reference to arbitrator did number arise.
in the Court of Subordinate Judge, Bhubaneswar for appointment of an arbitrator.
Different arbitrators came to be appointed by the Court in each case.
1995 Suppl.
