Judgment

HIDAYATULLAH, J. : (Majority judgment: Das, Kapur, Sarkar and Hidayatullah, JJ.) : This is an appeal on a certificate granted by the High Court of Allahabad under Article 133 (1) (c) of the Constitution against its judgment and order D/- 2-2-1956* By the judgment, under appeal, which was passed in a Letters Patent Appeal, the Divisional Bench confirmed the order of a learned single Judge dismissing the petition of the appellant under Article 226 of the Constitution. Seth Banarsi Das the appellant before us, was the petitioner in the High Court and the two respondents before us, namely, the Cane Commissioner, U.P., Lucknow, and the Cane Marketing Society Ltd., Bijnor, were the opposite parties. The petition asked for a number of writs in the alternative, but its purport was to seek to prohibit the two respondents from continuing certain proceedings pending before the Cane Commissioner under Rule 28 of the United Provinces Sugar Factories Control Rules, 1938. That rule provides for arbitration in disputes touching agreements entered into by sugar cane factories and cane growers for supply of sugar cane as laid down by the United Provinces Sugar Factories Control Act, 1938.

* R