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1973 Supreme(SC) 88

I.D.DUA, C.A.VAIDIALINGAM, A.ALAGIRISWAMI
Kapoor Nilokheri Co Operative Dairy Farm Society LTD. – Appellant
Versus
Union Of India – Respondent


Judgment

ALAGIRISWAMI, J.:- This appeal is against the judgment of the High Court of Punjab and Haryana dismissing the appellant s appeal against the judgment of the Senior Subordinate Judge, Karnal making the award in a dispute between the appellant and the respondents a Rule of Court. The facts necessary for decision are as follows.

2. In 1948 the Government of India sponsored a scheme to build and establish a colony for the resettlement and rehabilitation of displaced persons at Nilokheri and started several industries including a dairy farm. Some of the founders of the appellant Society took over the dairy farm business from the Rehabilitation Administration under an agreement dated 1-10-1950. They later formed themselves into a co-operative society and took over the same business and entered into an agreement on 6-5-1953. There is no dispute that originally the whole transaction was made under the agreement of 1-10-50 and that the disputes had to be decided on the basis of the agreement of 6-5-1953. On the ground that the appellant Society did not pay its dues regularly in pursuance of the agreement the dispute between the parties was referred to an arbitrator, a Subordinate Jud































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