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1961 Supreme(HP) 2

C.B.CAPOOR
District Co-operative Federation Ltd. – Appellant
Versus
Khub Chand – Respondent


Advocates:
D.N. Vaidya holding brief for Hira Lal, for Petitioner; T.P. Vaidya, for Respondent.

ORDER :- This petition in revision by the District Co-operative Federation Ltd. Mandi is directed against an appellate judgment and decree of the learned District Judge, Mandi and Chamba districts, affirming an order of the learned Additional Subordinate Judge Mandi refusing to set aside an award made by Shri Kedar Ishwar, then Advocate at Mandi.

2. An agreement Ex. P-1 was entered into between the petitioner and the respondent whereby the latter agreed to transport and supply firewood, charcoal etc. One of the terms of the agreement was that if any dispute will arise between the parties with regard to the supply and transport of firewood etc., it will be referred to the Registrar, Co-operative Societies, Himachal Pradesh, vide clause 11. A dispute did arise between the parties and an application was filed by the respondent for the tiling of the agreement of reference in Court. The application was opposed but ultimately the dispute between the parties was referred to the Registrar, Co-operative Societies, who expressed his unwillingness to arbitrate on account of his being busy otherwise. The respondent thereat served a notice under Sec. 8 of the Arbitration Act, hereinafter to be r



































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