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1980 Supreme(Del) 325

SULTAN SINGH
S. NARAIN SINGH – Appellant
Versus
RAM GOPAL MADAN LAL – Respondent


Advocates Appeared:
G.N.AGGARWAL, K.C.DEVAN, R.K.GUPTA

( 1 ) THIS is an appeal under Order 43, Rule 1 (r) of the Civil P. C. , 1908 (hereinafter called the Act ) challenging the judgment and order of the Additional District Judge, Delhi dismissing the appellant s application under Order 39 Rules 1 and 2 of the Code for temporary injunction against the respondents restraining them from proceeding with the arbitration proceedings. The respondents carry on business at Delhi while the appellants carry on business at Malout Mandi. District Faridkot There have been dealings between the appellants and the respondents. On 21st August, 1978 the parties entered into an agreement which may be called an arbitration agreement whereby they agreed that in case of disputes relating to their dealings, the same would be settled through the arbitration of Delhi Hindustani Merchantile Association, Delhi. The respondents on 15th May, 1979, filed a claim before the said association for Rs. 34,297. 40 against the appellants. The appellants on 9th June, 1979 wrote a letter to the respondents sending a draft of Rs. 1000. 00 and disputing the claim. He also prayed for adjournment of the proceedings before the Arbitrator. A copy of the letter was sent to the ass




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