MANAGING DIRECTOR KARNATAKA STATE CO OPERATIVE MARKETING FEDERATION LIMITED BANGALORE Vs. K MUNISWAMY RAJU

JUDGEMENT

(1.) THE point that arises for consideration in this revision petition is that when once a reference is ordered under Section 34 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act'), before its commencement or pending proceedings before the arbitrator, powers under Section 41(b) of the Act be exercised by the civil court?

(2.) IN order to answer this question, it is proper to narrate a few facts and relevantprovisions and interpretation of law on the scope of sections involved.

(3.) AFTER hearing both sides on I.As. I and II and also taking into consideration theeffect of Clauses 31 and 33 of the agreement which are extracted hereunder: