PRADEEP KANT, G.K.GUPTA
UTTAR PRADESH CO-OPERATIVE SUGAR FACTORIES FEDERATION LTD. , LUCKNOW – Appellant
Versus
P. S. MISRA, GORAKHPUR – Respondent
( 1 ) THIS is an appeal under S. 39 of the Arbitration and Conciliation act, 1986 (hereinafter referred to as the act) against the judgment and formal order dated 14-3-2002 passed by District Judge, lucknow rejecting the application under s. 34 of the Act. The appeal has been dismissed on the ground that the District judge, Lucknow has no jurisdiction to entertain the said application.
( 2 ) THE only question involved in the appeal is as to whether the Court of District judge, Lucknow was having jurisdiction to entertain the application under S, 34 of the act at Lucknow against the award pronounced by the Arbitrator in view of the following clause of the agreement :"33. "in the event of any question, dispute or difference arising out of the contract between the parties with regard to the interpretation of working or this agreement or the rights, liabilities or duties arising out of it or otherwise in connection within the contract, the matter shall be referred for the decision of sole arbitrator appointed by the legal Remembrancer to Government of Uttar pradesh. The provisions of the Indian Arbitration act as amended from time to time shall apply to such arbitratio
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