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1998 Supreme(Mad) 395

R.BALASUBRAMANIAN
Union of India – Appellant
Versus
Balaji Brothers – Respondent


Appearing Advocates:Rahul Balaji, K. Gunasekaran, Advocates.

Judgment :-

R. BALASUBRAMANIAN, J.

The revision petitioner herein was the first defendant in OS No. 2494 of 1985 on the file of the IX Assistant City Civil Judge, Madras. The first respondent herein was the plaintiff and the second respondent herein was the second defendant in that suit. In this order the parties to this revision will hereinafter be referred to in the same rank in which they are described in the plaint. It appears that the plaintiff and the first defendant were parties to a contract. It also appears that there had been a breach of the terms of the said contract. Therefore, the dispute was referred to an arbitrator, who was the second defendant in that suit. The arbitrator went into the matter and passed an award on 22-2-1985. Thereafter the plaintiff filed the present suit before the lower court and the reliefs which are relevant for the purpose of deciding this case and contained therein are extracted hereunder:

"(a) direct the sole Arbitrator, The 2nd respondent herein, to file the Award published by him on 22-2-1985 and served on the petitioner on 25-2-1985 into this Hon'ble Court along with the entire records;

(b) pass a decree in terms of the Award in favour of t






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