RUPLAL AGARWAHI Vs. DHANSAR GOAL CO

JUDGEMENT

(1.) This application under Section 115, Civil P.C., is against the order of the District Judge of Man-bhum-Sambalpur dismissing an appeal from the decision of the Subordinate Judge of Dhanbad directing under para. 20, Schedule 2 Civil P.C., that an award be filed. The Dhansar Coal Company and the East Indian Railway Company had a difference of opinion regarding the rates to be levied from the petitioner Mr. Ruplal Agarwala, who is a colliery proprietor, for the use of the assisted siding, constructed at the expense of the Dhansar Coal Company.

(2.) The terms and conditions relating to the siding are to be found in the memorandum of agreement usually known as the Assisted Sidings Agreement between the Dhansar Coal Company, and the Railway Company. It would appear that the Railway Company under Clause 14 of this agreement fixed the rate of tollage for the use of the siding payable by Mr. Ruplal Agarwala, petitioner, at two annas per ton; but the Dhansar Coal Company were not agreeable to this rate and in accordance with Clause 22 of the agreement both parties agreed to submit the dispute to arbitration. The question referred was what would be chargeable by the Railway Company to Mr. Ruplal Agarwala for using the siding, and there was also another matter about loading space which does not concern us here.

(3.) The arbitration proceeded and an award was made to the effect that the tollage should be at the rate of 3 annas 6 pies per ton of coal subject to a minimum tollage Rs. 1,800 per year. Then the Coal Company made an application in the Court of the Sub-Judge, Dhanbad, for filing the award under para. 20 of Schedule 2, Civil P.C., making the East Indian Railway Company only a party; but Mr. Ruplal Agarwala intervened and was made a party by the order of the High Court. The Subordinate judge allowed the application and directed the award to be filed. Mr. Ruplal Agarwala appealed to the District Judge and his appeal was dismissed and now he has come to this Court under Section 115. Civil P.C.