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1990 Supreme(AP) 326

IYYAPU PANDURANGA RAO
Banala Yasoda Devi – Appellant
Versus
Bilakanti Venkatcswarlu – Respondent


IYYAPU PANDURANGA RAO, J.

( 1 ) THIS is an appeal against the the order dt. 21-9-89 of the learned subordinate Ju/dgg Gadwaj dlsialssjag 14 No. . 146 and 175 of 198,9 in OS No 10/89 on his file. Aggrieved by the same the appellants, who are plaintiffs in the suit filed this miscellaaeous appeal. The plaint for consideration is whether the Court below erred in invoking the provisions of Section 34 of; the ARBITRATION ACT, 1940.

( 2 ) THE appellants are the plaintiffs in OS 10/89. They filed the said suit for recovery of a sum of Rs 23,900/-and for ancillary reliefs. Having received notices, the 5th defendant filed IA 146/89 while defendants I to 4 and 6 filed IA 175/89 invoking the provisions of Sec 34 of the arbitration ACT, 1940 and requesting the Court to stay all further proceedings in the suit, till the completion of arbitration proceedings. Having considered the matter the lower court allowed both the said applica tions. Aggrieved by the same the plaintiffs have come up with this appeal.

( 3 ) THE admitted facts are plaintiffs and the defendants etc , carried on Shit fund business under the name and style of "m/s Sri Durga Chits and Financiers at gadwal" (herein after referred












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