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1985 Supreme(Del) 444

D.K.KAPUR, N.N.GOSWAMY
RAJDHANI PAPER HOUSE – Appellant
Versus
R. K. JAIN SALES – Respondent


Advocates Appeared:
M.G.Dhingra, M.R.CHAWLA, S.L.Bhatia

D. K. Kapur

( 1 ) HE judgment under appeal was given by a learned single Judge on an application under section 34 of the Arbitration Act praying for stay of the suit. The learned single Judge held that there was an arbitration clause and the suit had to be stayed. The arbitration clause in this case was found to exist because of certain clauses in the Constitution and Regulatins of the Paper Merchants Association, Delhi (Regd.) Chawri Bazar, Delhi. The said Constitution shows that one of the aims and objects of the Association is to settle the disputes between its members and to arbitrate amongst contesting parties. The power to appoint an arbitrator is given to the Executive Committee under Clause XVI. The particular clause reads as follows: "15. To appoint Arbitrators, Umpires, Appellate Authority for settling disputes between members and members and non-members, and to make rules and regulations governing the proceedings for arbitration, etc. In case of any dispute between members of the Association the same shall be referred to the arbitrator whose decision shall be binding on the members,"

( 2 ) IN addition to this, the contract concerning which the disputes have arisen between








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