It was claimed by the Society that the suit was number main tainable, because under S. 51 of the Co operative Societies Act the dispute was to be adjudicated upon by the Registrar of Co operative Societies.
The plaintiffs prayed for a mandatory injunction restraining the defendant Society from terminating the agreement.
In March, 1954, the Society entered into an agreement with the plaintiffs M s Sunder Brothers through Bimal Kumar Jain and Dhan Kumar Jain by which they were appointed as Managing Agents for carrying on the business as public carriers.
The agreement was to last for a period of three years but on July 5, 1954 the Society terminated the agreement by its letter dated July 5, 1954, The plaintiffs therefore brought a suit on August 18, 1954 in the Court of the Subordinate Judge, First Class, Delhi praying for a declaration that the termination of the Managing Agency agreement by the Society was illegal and the plaintiffs were entitled to companytinue the business of Managing Agents in accordance with the terms and companyditions of the agreement.
In the alternative it was alleged that by agreement between the parties the dispute was to be referred to arbitration in accordance with the Co operative Societies Act and companysequently proceedings should be stayed.
426 of 1964.
Appeal by special leave from the judgment and order dated February 22, 1962 of the Punjab High Court Circuit Bench at Delhi in Civil Revision No.
The Society made an application under S. 34 of the Indian Arbitration Act, 1940 before the Subordinate Judge, Delhi, for an order for staying the suit.
II of 1912 at Lucknow and was carrying on the business of plying public carriers on Kanpur Delhi route.
311 D of 1958.
The Society had been granted, for this purpose, permits by the Uttar Pradesh Government and Delhi Administration for seven vehicles.
The terms of the Managing Agency agreement were embodied in a letter dated March 2, 1954 written by the Secretary of the Society.
The Uttar Pradesh Co operative Federation Limited herein after referred to as the Society was registered under the Cooperative Societies Act No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by Ramaswami, J. This appeal is brought, by special leave, from the judgment of the Punjab High Court dated February 22, 1962 in Civil Revision No.
P. Sinha and Inder Sen Sawhney, for the appellant, K. Jain and Bishambar Lal, for the respondent.
331 D of 1958 whereby the High Court upheld and companyfirmed the judgment of the Appellate Court and set aside the judgment of the trial companyrt staying proceedings in the suit.
