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1962 Supreme(All) 116

B.DAYAL, S.N.KATJU
OM PRAKASH – Appellant
Versus
UNION OF INDIA (UOI) – Respondent


Advocates Appeared:
A.BANERJEE, AMBIKA PRASAD, J.Swarup, K.B.Garg


B. DAYAL, J.

( 1 ) THESE seven First Appeals From Orders have been connected together as common questions of fact and law arise in all these cases. The appellant in all the cases, Shri Om Prakash, entered into certain contract with the military department during war period, in respect of which, there were disputes and according to an arbitration clause in the agreement the matter was to be referred to an arbitrator. In appeals Nos. 220, 221, 223 and 224 of 1952 the contracts provided for arbitration by the Director of Farms General Head Quarters, Simla, in appeals Nos. 222 of 1952 and 226 of 1962 the Officer-commanding Lucknow was to be the arbitrator and in appeal No. 225 of 1952 the contract provided that the arbitrator would be a certain Quarter Master at Delhi, the case of the appellant is that all these posts were abolished after the war and the officers mentioned in the respective agreements did not exist. Consequently, the appellant talked over the matter with the military officers and it was agreed that some new arbitrator had to be appointed. For this purpose the appellant filed seven applications in respect of the seven agreements under section 8 of the Indian Arbitration















































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