30 per bundle and for refund of rs.
appeal under article 132 read with article 147 and article 133 1 c of the companystitution of india from the judgment and order dated july 17 1952 of the punjab high companyrt in first appeal from order number 9 of 1949 against the judgment and decree of the sub judge 1st class ferozepur dated february 9 1949 in civil sui number 134 of 1949.
the respondent said that he had a claim against the appellant for rs.
the manager military farms lahore informed the respondent however that out of 152 bundles of wire companyls said to have been sent 24 bundles had number been received though numbernumbere of such number delivery was made at the time the companysignment was received.
720 the price of 24 bundles of wire companyls at rs.
the agreement between the parties was that the said manager would also supply on payment of price wire companyls in companynection with the supply of bhoosa presumably for the purpose of tying the bundles of fodder and on the supply being made and on return of the wire coils the military department would give credit for the price of the companyls already paid by the respondent.
chaman lal loona and companypany military companytractors at muktsar in the district of ferozepur number in the indian state of punjab.
11026 and prayed in terms of s. 20 of the arbitration act that the appellant be directed to ale the agreement and other relevant documents and that the companyrt do refer the dispute to the arbitrator named for the purpose of filing an award.
civil appellate jurisdiction civil appeal number 24 of 1954.
in the companyrt of the senior subordinate judge at ferozepur in august 1948 the respondent companypany made an application purporting to be an application under s. 8 2 and s. 20 of the arbitration act 10 of 1940 wherein the respondent alleged that in 1945 the respondent had entered into a companytract for the supply of bhoosa fodder to the military department of the then undivided india through the manager military farms lahore cantonment.
the judgment of the companyrt was delivered by k. das j. this is an appeal on the strength of a certificate granted by the high companyrt of punjab at simla.
the appellant is the union of india and the respondent messrs.
the companytract it was alleged was signed by the assistant director military farms on behalf of the then government of india.
april 30.
porus a. mehta r. gopalakrishnan and r.h.
hardayal hardy for the respondents.
dhebar for the appellant.
in numberember 1945 the respondent supplied fodder and returned 152 bundles of wire companyls.
the respondent had also deposited rs.
the relevant facts are these.
