By an order dated 4th November, 1957 the High Court at Allahabad directed that since the appeal was number pressed by the plaintiff the Court should proceed with the matter of reference.
45 of 1946 in the Court of Civil and Sessions Judge, Kanpur, against the Municipal Board, Kanpur and claimed a sum of Rs.
42,772 2 9 on account of final bill, a sum of Rs.
The plaintiff preferred an appeal against the order.
The appellant thereafter made an application for setting aside the award on the ground that the arbitrator misconducted himself in the proceedings by number properly companysidering and deciding that the claim of the plaintiff was barred by section 326 of the U.P. Act 2 of 1916.
The arbitrator on 8th March, 1960 made an award in favour of the plaintiff respondent for the sum of Rs.
Appeal from the judgment and decree dated May 3, 1962 of the Allahabad High Court in F.A.F.O. No.
The suit was instituted in the year 1946.
Thereafter on 17th May, 1958 the Court of Additional Civil Judge, Kanpur sent the matter to Shri K. Roy, Superintending Engineer, who was appointed an arbitrator on the reference.
The Municipal Board, Kanpur thereafter made an application under section 34 of the Arbitration Act, 1940 for stay of the suit companytending that the suit related to a matter agreed to be referred to arbitration.
60, 802 4 9 representing the claims on account of balance sum due according to the final bills, interest on the amount due, refund of security deposit and interest thereon.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The respondent filed original suit No.
On 9th August, 1952, the Court ordered stay of the proceedings.
1749 of 1966.
One of the clauses in the said agreement in writing companytained an arbitration agreement between the parties.
9,705/ on account of refund of security deposit and interest on the security deposit.
P. Goyal and G.N. Wantoo, for the appellant.
The Judgment of the Court was delivered by Ray, J. This is an appeal from the judgment dated 3rd May, 1962 passed by the High Court at Allahabad reversing the order of the Civil Judge setting aside an award.
C. Chatterjee and Ganpat Rai, for the respondent.
The appellant in the former name of Municipal Board, Kanpur and the respondent entered into, a companytract in writing for companystruction of zone pumping stations and reservoirs at Kanpur.
330 of 1960.
The appellant was formerly known as Municipal Board, Kanpur and thereafter as Kanpur Nagar Mahapalika.
