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1957 Supreme(All) 292

D.N.ROY, J.N.TAKRU
INDIAN MINERALS CO. – Appellant
Versus
NORTHERN INDIA LIME MARKETING ASSOCIATION – Respondent


Advocates Appeared:
Amarnath Kaul, D.P.UMYAL, R.S.PATHAK

D. N. ROY, J.


( 1 ) THESE are two connected appeals by rival parties to certain arbitration proceedings under section 20 of the Arbitration Act (No. X) of 1940. Appeal No. 199 of 1951 is by the Indian minerals Company. It has been made under Section 39 (1) (iv) of the Arbitration Act and is directed against an order dated 14-6-1951 by which the agreement of a reference to arbitration was ordered to be filed. Appeal No. 257 of 1953 is by the other side, namely by Brij Lal Suri and sons, Proprietors of Northern India Lime Marketing Association, Dehara Dun. It has been made under Section 39 (1) (vi) of the same Act and it is directed against an order dated 30-7-1953, by which an application to set aside the award dated 14-2-1953, was dismissed by trie Civil Judge and the suit was dismissed in terms of the award.

( 2 ) THE facts may be briefly stated. An application under Section 20 of the Arbitration Act of 1940 was filed by Brij Lal Suri and Sons, Proprietors of Northern India Lime Marketing association, Dehra Dun, through Brij Lal Suri and against the Indian Minerals Company, a firm carrying on business at Maihar in Central India, now Madhya Pradesh. It was contended that the partie































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