INDRAJ SARUP Vs. U. P. ELECTRICITY BOARD, MORADABAD

JUDGEMENT

(1.) The State Electricity Board, U. P. made an application to the learned Civil Judge, praying that the arbitration proceedings pending between the parties be directed to abate. The learned Civil Judge accepted the submission and abated the proceedings under Sec. 5 of the U. P. Public Moneys (Recovery of Dues) (Amendment) Act (No. 17 of 1975). Aggrieved. the plaintiff has come to this court in revision.

(2.) It appears that the plaintiff had entered into an agreement with the State Electricity Board for supply of electricity. Disputes having arisen, they were referred to arbitration in accordance with the arbitration clause in the agreement. The Uttar Pradesh Public Moneys (Recovery of Dues) (Amendment) Act, 1975 (Act No. 17 of 1975) provided for abatement of suits, applications and arbitration proceedings of the nature referred to in sub-section (5) of Sec. 3. Sec. 5 provides.

(3.) Sub-section (5) of Sec. 3 of the principal Act refers to a certificate sent to the Collector under sub-section (1) and provided that such certificate shall be final and shall not be called in question in any original suits, application or in any reference to arbitration. Thus, the pending arbitration proceedings which are liable to abate are such which relate to a certificate issued under sub-section (1) of Sec. 3, Sub-section (1) of Sec. 3 provides for four contingencies mentioned in Cls. (a), (b), (c) and (d) and under which a default having committed, a certificate can be issued to the Collector. It is not disputed that Clauses (a), (b) and (c) of the subsection are not applicable to the present case. Reliance has been placed on Cl. (d) which runs as follows: