UNION OF INDIA Vs. KALIKA SINGH

JUDGEMENT

(1.) PLAINTIFFS suit is for refund of Rs. 17,200/- towards security deposit. Before filing of the written statement, defendant filed an application for stay of the suit under section 34 of the Arbitration Act, 1940 (hereinafter referred to as the Act) alleging that under the agreement, all disputes and differences between the parties are to be decided by arbitration. The application was dismissed on 10-4-1963. The miscellaneous appeal has been filed against this order.

(2.) THE learned Subordinate Judge dismissed the application on two grounds: