DIVISIONAL ENGINEER (CCD) Vs. RAJA RAM

JUDGEMENT

(1.) An application under Section 34 of the Arbitration Act filed by the defendants in the Civil Suit was allowed by the trial Court. The appeal preferred against the order was dismissed as no case was made out for referring the matter to the Arbitration. Hence this revision.

(2.) I have heard Shri C.M. Kakkar, learned counsel for the petitioner and Shri Amarjit Markan, learned counsel for the respondent.

(3.) Raja Ram-plaintiff (now respondent) filed a suit for declaration that he is entitled to claim back sales tax imposed by the State Government and consequently paid by him on the work contracts. Also prays for permanent injunction restraining the Punjab State Housing Development Board-defendant (in short 'the Board') and Divisional Engineer from recovering the amount of Rs. 70,999/- out of the amount of sales tax of Rs. 1,87,812.17 payable to him by the defendants against work contracts.