LAKSHMIKANTA JHA, CHATTERJI
Gaya Electric Supply Co. , Ltd. – Appellant
Versus
State Of Bihar – Respondent
LAKSHMIKANTA JHA, J.
1. This is an application by the pltf. for leave to appeal to the S. C. from an order of a Bench of this Ct. dated 30-3-1951, directing the suit instituted by the petnr. to be stayed under S. 34, Arbitration Act. The relevant facts are these:
2. The petnr. (hereafter referred to as the pltf.) is a Company known as the Gaya Electric Supply Company Limited, incorporated under the Companies Act having its registered office at Gaya. The Company held a licence, called the "Gaya Electric Licence", granted by the Province of Bihar for the supply of electric energy within the limits of the town of Gaya. On 23-6-1949, the Govt., for certain reasons, revoked the licence by a notfn. with effect from 9-7-1949. Thereupon the petnr., on 4-7-1949, instituted Title Suit No. 58 of 1949 for a declaration that the order revoking the licence was mala fide & ultra vires. This suit, however, was compromised & the Province of Bihar agreed to acquire the undertaking on certain terms & conditions & an agreement was executed by & between the parties on 28-10-1949. There was an arbitration clause in the agreement which provided that in case of any difference or dispute between th
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.