Judgement

S. K. DAS, J. - This is an appeal on the strength of a certificate granted by the High Court of Punjab at Simla. The appellant is the Union of India and the respondent Messrs. Chaman Lal Loona and Company, military contractors at Muktsar in the district of Ferozepur, now in the Indian State of Punjab.

2. The relevant facts are these. In the Court of the senior Subordinate Judge at Ferozepur, in August, 1948, the respondent Company made an application, purporting to be an application under S.8 (2) and S.20 of the Arbitration Act, 10 of 1940, wherein the respondent alleged that in 1945 the respondent had entered into a contract for the supply of "bhoosa" (fodder) to the military department of the then undivided India through the Manager, Military Farms, Lahore Cantonment.

The contract, it was alleged was signed by the Assistant Director, Military Farms, on behalf of the then Government of India. The agreement between the parties was that the said manager would also supply, on payment of price, wire coils, the military department would give credit for the price of the coils already paid by the respondent.

In November, 1945, the respondent supplied fodder and returned 152 bundles