The fabricated Shells were to be Tolled through the tracks allotted by the Air Force authorities.
Soon thereafter the appellant moved the Court of Civil Judge, Lucknow Under Section 5 of the Indian Arbitration Act, 1940 for revoking the reference to the arb trator.
51,414/ .
After the manufacture of Shells, the appellant applied for permission to roll the Shells.
Thereafter this appeal was brought after obtaining a certificate from the High Court.
The permission asked for was granted on March 24, 1960.
The High Court set aside the order of the trial Court holding that the reference was a valid one.
The appellant was asked to roll those Shells through the airfield and the rolling was to be done on Sundays and Mondays which were number flying days.
The Air Force authorities assessed the damages caused to the plane at Rs.
In pursuance of the said permission the appellant rolled some Shells on February 28, 1962.
The Union of India look up the matter in appeal to the High Court of Allahabad.
The trial Court accepted that application and ordered the revocation of the reference.
While the Shells were being rolled, a shell hit a parked aircraft on the apron.
In support of the appeal, two companytentions were advanced by the learned Counsel for the appellant viz.
J S Sandhu on August 13, 1962, negativing the companytention of the appellant that the dispute in question does number fall within the scope of the agreement entered into by it with the Union of India.
Then the authorities threatened the appellant that they would deduct the amount in question from its bills.
The appellant companytested the appeal on various grounds.
Thereafter the Union of India referred the dispute to Col.
The High Court accepted that companytention but companyverted the appeal into a revision Under Section 115 of the CPC.
The appellant protested against the threatened deduction.
One of the grounds taken by him was that the appeal was number maintainable.
The appellant denied its liability to pay the amount demanded.
It entered into a companytract with the Union of India of November 17, 1959 for fabrication of tank Shells at Kalai Kunda.
S. Hegde, J The appellant is a companypany.
Thereafter the appellant was called upon to pay the said amount.
