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1979 Supreme(All) 1243

SATISH CHANDRA
Indraj Sarup – Appellant
Versus
U. P. Electricity Board, Moradabad – Respondent


Advocates appeared:
Probodh Gaur, Advocate, for the Applicant

ORDER

Satish Chandra, C. J. -The State Electricity Board, U. P. made an application to the learned Civil Judge, praying that the arbitration proceedings pending between the parties be directed to abate. The learned Civil Judge accepted the submission and abated the proceedings under Section 5 of the U. P. Public Moneys (Recovery of Dues) (Amendment) Act (No. 17 of 1975). Aggrieved. the plaintiff has come to this court in revision.

2. It appears that the plaintiff had entered into an agreement with the State Electricity Board for supply of electricity. Disputes having arisen, they were referred to arbitration in accordance with the arbitration clause in the agreement. The Uttar Pradesh Public Moneys (Recovery of Dues) (Amendment) Act, 1975 (Act No. 17 of 1975) provided for abatement of suits, applications and arbitration proceedings of the nature referred to in sub-section (5) of Section 3. Section 5 provides.

"5. All suits, applications and arbitration proceedings of the nature referred to in sub-section (5) of Section 3 of the principal Act as inserted by this Act, pending immediately before the commencement of this Act shall abate upon the commencement of this Act.........."

3. Sub

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