J.V.GUPTA
S. Sarabjit Singh – Appellant
Versus
State Of Punjab – Respondent
1. This appeal is directed against the order of the Senior Sub-Judge, Chandigarh, dated 6th September, 1975, whereby objections filed on behalf of the appellant against the award dated 3-11-1973 were dismissed.
2. Briefly stated, the facts are that on 12-5-1964, an agreement was executed between the Governor of Punjab and the appellant Sarabjit Singh on the stipulation that the Government would furnish requisite guarantee to the Bank on behalf of Sarabjit Singh and Sarbjit was to complete a usual full length picture in Hindi and English versions for commercial exploitation and its script etc. were mortgaged with the Government. According to clause 10 of the agreement, all disputes and differences arising out of or in any way touching the agreement were referable to the sole arbitration of the Chief Parliamentary Secretary, Punjab.
3. Disputes and differences arose between the parties and by an order of the Court, on an application under Section 20 of the Arbitration Act, the matter was referred to the Chief Parliamentary Secretary, Punjab. However, it was found that at the relevant time there was no Parliamentary Secretary and as such a fresh agreement was executed between
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