S.C. Mohapatra, J. - (1.) Six disputes were referred to an arbitrator. Arbitrator not having given awards in respect of these disputes referred to him within the time stipulated, six applications were filed in court by the respondent for appointment of an arbitrator to enter into reference and make awards, alleging that arbitrator is guilty of misconduct and has also become functus officio after expiry of the period. Appellant filed six applications for extension of time enable arbitrator to give the awards. 12 applications were heard together and impugned composite order has been passed appointing an arbitrator which has the effect of removal of the arbitrator appointed. This is grievance of the appellant.
(2.) Against the impugned order in respect of one of the application of respondent F.A.F.O. No. 217 of 1994 was filed by appellant which came up for admission earlier. Finding that in case we direct issue of notice to respondent, the proceeding before arbitrator may be delayed we disposed of the appeal disapproving appointment of arbitrator and directed Trial Court in that case to give opportunity to the parties to file panel of names whereafter to consider the appointment of an arbitrator. We gave liberty to respondents to move this court for recalling of the order in case it feels aggrieved and is prejudiced.
(3.) When these appeals came up for admission, respondent No. 1 has entered caveat. In such circumstances with the consent of the parties, we have heard the appeals finally.;