BHARGABI COLD STORAGE Vs. ORISSA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Leave granted.

(2.) The appellants filed an application under S. 8 and 20 of the Arbitration Act before the Subordinate Judge, Puri, in view of a dispute having arisen between them and the Orissa State Electricity Board (hereinafter referred to as The Board'). A prayer was made in the said application for a direction to the Board to file the agreement dated 7/02/1963 and to appoint an arbitrator to decide the dispute in question. That application was dismissed by the learned Subordinate Judge saying that as there was no agreement between the appellants andthe said Board, it was not possible to entertain the application aforesaid. The High court affirmed the said order by dismissal of the civil revision filed on behalf of the appellants.

(3.) The learned counsel appearing for the appellants pointed out that the Board itself had filed a suit in the year 1976 in the court of Subordinate Judge, Puri, for recovery of electrical charges amounting to Rs. 12,997.97 against the appellants on basis of the agreement dated 7/02/1963. In this connection attention was drawn to paragraph I of the plaint of the said suit filed on behalf of Board which is as follows: