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1979 Supreme(SC) 322

A.P.SEN, N.L.UNTWALIA
Union Of India – Appellant
Versus
R. B. Ch. Raghunath Singh And Company – Respondent


Advocates:
A.Subhashini, GIRISH CHANDRA, R.B.DATAR, R.K.GARG, R.V.Sachthey

JUDGMENT

These two appeals by certificate arise out of the same proceedings between the parties. The respondent company applied to the trial Court for the filing of the Arbitration agreement under Section 20 of the Arbitration Act, 1940 hereinafter called the Act and for appointment of an Arbitrator under Sec. 8. The applications were allowed. An Arbitrator was appointed. The Union of India took the matter in appeals to the Allahabad High Court. The High Court has dismissed the appeal arising out of the order of the trial Court under Section 20 of the Act and has treated the appeal arising out of Section 8 order as a revision and dismissed the same also. The Union of India has come to this court.

2. The decision of the Courts below in regard to Section 20 matter is at an end now. It was denied on behalf of the appellant that there was any Arbitration agreement. The findings of the court below in this regard could not be assailed at all.

3. The Arbitration clause in the contract between the parties ran as follows :

"All disputes or differences arising between the parties or their representatives and the Controller of Rationing Delhi at any time hereafter and of whatever nature arising






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