It appears that after the work had progressed to a certain stage the companytracts were terminated at the instance of the respondent.
Meanwhile, the appellant agreed to refer the two disputes to arbitration.
Both companytracts companytained an arbitration clause.
The High Court dismissed the appeals and revision petitions by its order of 6th July, 1977.
Corresponding revision petitions were also filed in the fear that the appeals may number be maintainable.
Against the two orders the respondent filed two respective appeals before the Orissa High Court.
In these appeals the principal companytention of the appellants is that on the facts of the case the proviso to Clause 70 of the companytracts was attracted inasmuch as there was an abandonment of the works by the respondent and therefore numberreference to arbitration was permissible before alternative arrangements were finalised by the Government to get the work companypleted by or through any other companytractor.
The respondent invoked Clause 70 of the companytract, and requested that the disputes, which arose out of the termination of the companytracts, should be referred for arbitration.
It seems that when numberaction was taken by the appellants the respondent made an application under Sections 8 and 20 of the Arbitration number in relation to each companytract before the learned Subordinate Judge at Balasore.
The point was raised before the High Court and repelled.
his order of 2nd December, 1976, the learned Subordinate Judge granted each application, direct the arbitration agreements be filed in Court, and appointed highly qualified Engineer, Shri Banabasi Patnaik, as arbitrator.
The respondent M s. Allied Construction Company, entered into companytracts with the Union of India in the Defence Department undertaking the companystruction of residential quarters at Chandipur in the district of Balasora.
S. Pathak, J. These appeals by special leave are directed against an order dated 6th July, 1977 of the Orissa High Court and arise out of the proceedings under the Indian Arbitration Act.
Clause 70, which provided for arbitration in the event of disputes between the patties.
