Orissa Court December 1983 Judgments

Dhirendranath Biswal Vs. Rahas Behari Mishra and anr.

Court: Orissa

Reported in: 1984(I)OLR243

P.C. Misra, J.1. This revision is directed against an order dated 13. 7. 82 passed by the Sub Judge, First Court, Cuttack in Misc. Case No. 341 of 1981 directing appointment of an Arbitrator. The aforesaid Misc. Case was filed under the provisions of section 8(2) of the Arbitration Act on an application filed by the present opposite Party No. 1 who was the petitioner in the court below.2. The facts in short as revealed from the records of the case are as follows :The Opposite Party No. 2 is the Producer and Distributor of an Oriya Film 'Bandhu Mohanty''. The said O. P. No. 2 could not complete the production of the said picture due to Shortage of funds for which he had to borrow money both from the petitioner and O. P. No. 1. An agreement was executed between the parties on 9.5. 77 evidencing the terms and conditions regarding the payment of commission and repayment of the amount advanced by the aforesaid parties. The said agreement contained an Arbitration clause which runs as follows...