KANPUR NAGAR MAHAPALIKA Vs. NARAIN DAS HARIBANSH

JUDGEMENT

(1.) This is an appeal from the judgment dated 3/05/1962 passed by the High court at Allahabad reversing the order of the Civil Judge setting aside an award.

(2.) The appellant was formerly known as Municipal Board, Kanpur and thereafter as Kanpur Nagar Mahapalika. The appellant in the former name of Municipal Board, Kanpur and the respondent entered into a contract in writing for construction of zone pumping stations and reservoirs at Kanpur. One of the clauses in the said agreement in writing contained an arbitration agreement between the parties.

(3.) The respondent filed original suit No. 45 of 1946 in the court of Civil and Sessions Judge, Kanpur, against the Municipal Board, Kanpur and claimed a sum of Rs. 60,802-4-9 representing the claims on account of balance sum due according to the final bills, interest on the amount due, refund of security deposit and interest thereon. The suit was instituted in the year 1946. The Municipal Board, Kanpur, thereafter made an application under Section 34 of the Arbitration Act, 1940 for stay of the suit contending that the suit related to matter agreed to be referred to arbitration. On 9/08/1952, the court ordered stay of the proceedings. The plaintiff preferred an appeal against the order. By an order dated 4/11/1957 the High court at Allahabad directed that since the appeal was not pressed by the plaintiff the court should proceed with the matter of reference. Thereafter on 17/05/1958 the court of Additional Civil Judge, Kanpur, sent the matter to Shri A. K. Roy, Superintending Engineer, who was appointed an arbitrator on the reference.