BAREILLY HOLDING LTD. Vs. MUNICIPAL BOARD BAREILLY

JUDGEMENT

(1.) This appeal under Sec. 39 of the Arbitration Act has been preferred by Bareilly Holding Limited against the judgment of the Additional Civil Judge, staying the proceedings of suit No. 306 of 1977. under Sec. 34 of the Arbitration Act.

(2.) Suit No. 306 of 1977 was filed by the plaintiff appellant, Bareilly holding limited, for recovery of Rs. 2,59,265.78. Three types of claims which were made by the appellant are mentioned in Annexure A, B and C appended to the same.

(3.) The defendant, Municipal Board, filed an application for stay of the suit under Sec. 34 of the Arbitration Act alleging that as under the agreement, the dispute was referable to Arbitration, hence, the suit was liable to be stayed. Paragraph 9 of the application as under :