BOSE
EAST INDIA FILM STUDIOS – Appellant
Versus
P. K. MUKHERJEE – Respondent
( 1 ) THIS is an application under Article 226 of the Constitution for an appropriate writ directing the respondents Nos. 1 and 2 to withdraw or cancel an order of revocation of appointment of an arbitrator dated 24-11-1951 and for direction upon the said respondents to forbear from giving effect to that order.
( 2 ) THE petitioner carries on business of production and exploitation of films and for the purpose of such business he has his building, studio laboratory situated at Tollygunge in the suburbs of Calcutta. In the year 1942, the building, studio, laboratory and the garages belonging to the petitioner were requisitioned by the Government under the Defence of India Act, 1939. As no agreement could be reached between the petitioner and the Government as to the compensation payable in respect of the requisition, a reference was made by the Collector under the provisions of Section 19, Defence of India Act by an order made on 20-6-1944 and this reference was registered as Land Acquisition Case No. 41/44.
( 3 ) IT appears that thereafter, arbitrators were purported to have been appointed by the Government from time to time, but none of the arbitrators entered upon the
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