Even then he refused to apply under s. 33 and so a stalemate issued because the arbitrators were number entitled to proceed further with the arbitration proceedings in view of the point raised by the appellant.
SM I/1104524.
These companyditions included an arbitration agreement, Disputes arose between the parties regarding the said companytract, and so in pursuance of the arbitration agreement they were referred to the two arbitrators appointed by the parties.
Appeal by special leave from the judgment and order dated February 2, 1961, of the Punjab High Court Circuit Bench , at Delhi in Civil Revision Application No.
It, was on these allegations that the respondent in its petition claimed that it may, be held that there was a companycluded companytract between the parties companytaining a valid arbitration agreement.
The security money which companyes to Rs.
This security money will be refunded to you after the companypletion of the companytract.
This decision was challenged by the appellant by its revision petition preferred in.
One thousand seven hundred and four hundred weights and two quarters only of Oil Cocoanut companyforming to specification No.
The respondent had advertised in the Indian Trade Journal for the said supply and the appellant had submitted its tender No.
September 25.
The appellant pleaded in defence that numberconcluded companytract had been made between the parties and that there was numberjurisdiction in the Court to grant extension under s 28.
135 D of 1957.
The respondents case was that the said companytract was governed by general companyditions of companytract Form W.S.B. 133.,
Both the learned trial judge and the Court of Appeal rejected the respondents companytention and held that there was an inherent jurisdiction in the Court to entertain petitions in respect of matters companyered by the bar raised by 32.
This plea made it necessary for the respondent to move the Court for a decision of the question about the existence and validity of the arbitration agreement.
on for, a companysiderable time before the arbitrators the appellant objected to their jurisdiction to , deal.
Your offer is hereby accepted for a quantity of 1704 Cwts.
89/6/ Rupees eighty nine and annas six only per Cwt.
The, other allegations made by the respondent in its petition were also traversed.
of companyoanut oil by the appellant to the respondent.
and 2 qrs.
CIVIL APPELLATE, JURISDICTION Civil Appeal No.
Din Dayal Sharma and N, N. Keswami, for the appellant.
328 of 1961.
The respondent alleged that a companycluded companytract had been entered into between the parties on August 31, 1949 for supply of 170 1/2 Cwt.
with the disputes on the ground that there was number companycluded companytract between the parties.
1370 d at Rs.
that there was a valid arbitration agreement in the said companytract and that the Court had jurisdiction, to.
packed in number returnable sound, strong 45 gallon drums, delivery ex godown at Calcutta, by 30 9 49 or earlier if possible subject to your depositing 10 as security.
Daphtary, Solioitor General of India, V. D. Mahajan and T.M. Sen, for the respondent.
The respondent, Union of India, filed a petition in the Court of the First Class Sub Judge at Delhi against the appellant M s J. Burman Co., through its proprietor Jawahar Lal Burman under ss.
The Judgment of the Court was delivered by GAJENDRAGADKAR, J. The principal point which this appeal by special leave raises for our decision relates to the companystruction of ss.
After ,the arbitration propeedings had gone.
The High Court has companyfirmed the finding of the trial companyrt that there was a companycluded companytract which companytained an arbitration agreement.
33 and 28 of the Act.
On these pleadings the learned trial judge framed, appropriate issues.
This tender was accepted by the respondent which companycluded a companytract between the parties.
He found that a companycluded companytract had been proved, between the parties as alleged by the respodent.
The petition having been made under s. 28 along with s. 33 the respondent prayed that suitable extension of time be granted to the Arbitrators for making the, award.
the High Court of Punjab at Chandigarh.
15,230/ Rupees fifteen thousand two hundred and thirty only should please be deposited immediately into a Government Treasury in favour of the Deputy Accountant General, I and S., Akbar Road, New Delhi and the Treasury Receipt forwarded to this office.
