ORDER
Gurusharan Sharma, J.
1. Heard the parties and with their consent this revision application is disposed of at the admission stage. Petitioner was awarded a Decline Work at Turamdih Project under Work
Order No. UCOI/PROJECT/CIV-NWP/ 4(A)/88 dated 16.8.1998. Certain disputes arose in respect of the said work contract and for that one Mr. Praveer Das Gupta, Advocate practising at Calcutta was appointed as arbitrator, who entered into reference. However, the petitioner came to know that Mr. Das Gupta had been a retainer to the corporation UCOI till December 1994, for its cases at Calcutta. He was also defending the Corporation before Mr. P.K. Patnaik, the arbitrator in Arbitration Case No. 3 of 1996. Apetition under Section 5 of the Arbitration Act, 1940 was, therefore, filed by the petitioner before the Subordinate Judge, Ghatshila for removal of present arbitrator and for appointment of another arbitrator. It was registered as Misc. Case No. 1 of 1996. However, by impugned order dated 12.6.1997, the said Misc. Case was rejected. In my view, in the aforesaid circumstance, it was incumbent upon the parties to choose another arbitrator with consent. For this purpose on 5.1.2001 the matter was adjourned for today. The parties jointly suggest name of Mr. M.N. Bahal, Chief Superintendent (Civil), Uranium Corporation of India Limited, Jaduguda, to be the sole arbitrator. The matter is, therefore, remitted – to the Court below for further action in accordance with law. This revision application is disposed of.
2. Revision application disposed of
