appeal by special leave from the judgment and order dated december 11 1957 of the mysore high companyrt in civil revision number 702 of 1956 against the judgment and order dated august 10 1956 of the companyrt of the second extra assistant judge belgaum in misc.
appeal number 36 of 1955 arising out of the order dated september 1 1955 of the 1st joint civil judge junior division belgaum in regular civil suit number 197 of 1955.
the appellant has number companye to this companyrt.
the respondent who is the plaintiff in the suit obtained supply of electricity from the appellant.
he thereupon filed a suit in the court of the civil judge belgaum on or about the 8th of june 1955 claiming a refund of the amount paid in excess of what he thought was the legitimate charge.
the application was dismissed by the civil judge and his decision was companyfirmed by the extra assistant sessions judge on appeal and lastly by the high companyrt in revision.
civil appellate jurisdiction civil appeal number 361 of 1958.
the appellant carries on business as a supplier of electrical energy in belgaum.
february 13.
the appellant then applied under s. 34 of the arbitration act for a stay of the suit on the ground that the matter was referable to arbitration under the provisions of the electricity supply act 1948.
it obtained a licence from the government under s. 3 of the indian electricity act 1910 authorising it to supply the energy in that area.
m. gharekhan and i. n. shroff for the appellant.
the judgment of the companyrt was delivered by sarkar j. this is an appeal from the judgment passed by the high companyrt at bangalore on a petition in revision.
d. chawla and g. gopalakrishnan for the respondent.
sen and t. m. sen for the intervener attorney general of india .
the respondent felt that he was being overcharged by the appellant for the electricity so supplied.
