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1988 Supreme(Del) 164

B.N.KIRPAL
URMIL MALIK – Appellant
Versus
NATIONAL SAVINGS ORGANISATION – Respondent


Advocates Appeared:
ANJANA GOSAIN, Narinder Chaudhry

B. N. Kirpal

( 1 ) THIS is an application under section 20 of the Arbitration Act, inter alia, praying that the disputes between the parties should be referred to arbitration.

( 2 ) THERE was an agreement between the parties dated 21st March, 1974 whereby the petitioner was appointed as an agent under the scheme of Manila Pradhan Khshetrya Bachat Yojna. It is alleged that by an order dated 24th December, 1983, the respondent terminated the agency of the petitioner with immediate effect. It is alleged that the termination of the agreement was wrongful and the loss of the income is to the tune of lakhs of rupees every year.

( 3 ) THE agreement contained an arbitration clause which, inter alia, provided that "all disputes arising under or concerning the terms of this Agreement or in any manner relating to this Agreement shall be referred to the Sole Arbitrator of the Post Master General of the post circle concerned, which decision shall be final and binding on the parties and such reference shall be governed by the Arbitration Act No. 10 of 1940 or such statutory modification thereto as may for the time being in force. " The prayer is that the dispute of damages be referred to arbitrat





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