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1957 Supreme(All) 306

M.C.DESAI, J.N.TAKRU
MUNICIPAL BOARD – Appellant
Versus
EASTERN U. P. ELECTRIC SUPPLY CO. LTD. – Respondent


Advocates Appeared:
Rajeshwari Prasad, S.K.Varma

J. N. TAKRU, J.

( 1 ) THIS is a revision application under Section 115 Civil Procedure Code and is directed against an order of the learned Munsif of Ghazipur dated 14th September, 1951, whereby he allowed the application made by the opposite party under section 33 of the Indian Arbitration Act, "1940.

( 2 ) THE facts giving rise to the aforesaid revision may be briefly stated as follows: the parties to the dispute are the Eastern U. P. Electric Supply Company Ltd. , Ghazipur and the municipal Board of Ghazipur which we shall, for the sake of convenience hereinafter refer to as the Company and the Board respectively. On 30-5-1949 the Company filed an application supported by an affidavit under Section 33 of the Indian Arbitration Act, 1940 before the learned munsif of Ghazipur, to which the Board, the District Magistrate, Ghazipur and the Electric inspector to the Government of United Provinces were made opposite parties. The application stated that the Company and the Board had entered into an agreement on 25-2-1939 by which the former undertook to supply electric energy to the latter for street lighting as well as for running its Water Works -- the rate stipulated for supplying e































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