AMALGAMATED ELECTRICITY COMPANY LIMITED Vs. N S BATHENA

JUDGEMENT

(1.) This is an appeal from the judgment passed by the High Court at Bangalore on a petition in revision. The question is whether a certain suit should be stayed under S. 34 of the Arbitration Act, 1940.

(2.) The appellant carries on business as a supplier of electrical energy in Belgaum. 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. The respondent, who is the plaintiff in the suit, obtained supply of electricity from the appellant. "The respondent felt that he was being overcharged by the appellant for the electricity so supplied. 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 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 Indian Electricity (Supply) Act, 1948. The application, was dismissed by the Civil judge and his decision was confirmed by the Extra Assistant Sessions Judge on appeal and lastly, by the High Court in revision. The appellant has now come to this Court.

(3.) The appellant contends that this matter is referable to arbitration under the provision contained in d. XVI of the Sixth Schedule of the Act of 1948. A few of the provisions of these Acts will now have to be referred to. Under the Act of 19l0 the business of supplying electrical energy can be carried on only with the sanction of the Government. Section 3 of that Act makes provision for the grant of a licence for supplying electrical energy. The appellant obtained a licence in 1932.