NAGAR PALIKA MIRZAPUR Vs. MIRZAPUR ELECT SUPPLY COMPANY LIMITED
LAWS(SC)-1990-8-26
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on August 28,1990

NAGAR PALIKA,MIRZAPUR Appellant
VERSUS
MIRZAPUR ELECT.SUPPLY COMPANY LIMITED Respondents


Cited Judgements :-

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UNION OF INDIA VS. INDIAN PROOFING AND GENERAL INDS [LAWS(DLH)-1998-5-17] [REFERRED]
ASHOK VS. K K SAXENA [LAWS(MPH)-2007-11-48] [REFERRED TO]
RAJ BABU SINGH VS. GENERAL MANAGER, N T P C [LAWS(ALL)-2014-10-19] [REFERRED TO]
LARSEN AND TUBRO LIMITED VS. STATE OF RAJASTHAN [LAWS(DLH)-1994-1-4] [REFERRED]
FOOD CORPN OF INDIA AND ORS VS. PACIFIC BASIN SHIPPING AND TRADING CO LTD AND AND ORS [LAWS(GJH)-2014-4-213] [REFERRED TO]
HARYANA STATE ELECTRICITY BOARD VS. BRITISH MACHINERY SUPPLY COMPANY [LAWS(P&H)-2012-9-47] [REFERRED TO]
SARITA GUPTA VS. REGISTRAR OF CO-OPERATIVE SOCIETIES AND ANR [LAWS(DLH)-2019-9-168] [REFERRED TO]
PAUL BROTHERS VS. SOUTH EASTERN COALFIELDS LTD [LAWS(CHH)-2011-1-75] [REFERRED TO]
SHRIRAM INVESTMENT SERVICES LIMITED VS. PALKI JEYPAD INVESTMENT P LIMITED [LAWS(MAD)-2006-5-10] [REFERRED TO]
FOUNDRY OF INDIA VS. ORIENTAL FIRE AND GENERAL INSURANCE CO LTD [LAWS(PAT)-1991-12-1] [REFERRED TO]
M.B.PATIL CONSTRUCTIONS LTD. VS. EXECUTIVE ENGINEER [LAWS(KAR)-2022-7-239] [REFERRED TO]
MOHANLAL DUNGARMAL FUTNANI VS. VISHANJI DUNGARMAL FUTNANI [LAWS(CAL)-2001-3-2] [REFERRED]
INDIAN OIL CORPORATION LIMITED VS. CONSTRUCTION ENTERPRISES [LAWS(CAL)-2010-9-7] [REFERRED TO]
STATE OF GUJARAT VS. AARCEE CONSTRUCTION CO [LAWS(GJH)-1995-8-4] [REFERRED]
MEERA TAMRAKAR, W/O LATE RAJKUMAR TAMRAKAR VS. LAKHAN LAL, S/O HAR PRASAD [LAWS(CHH)-2016-5-33] [REFERRED]
ASHOK PRASAD MUKHERJEE ALIAS ASHOK VS. JYOTI PRASAD MUKHERJEE [LAWS(PAT)-1997-12-70] [REFERRED TO]
HARYANA STATE ELECTRICITY BOARD VS. GURJIT METAL INDUSTRIES [LAWS(P&H)-1992-11-64] [REFERRED TO]
SUDHIR KAPOOR VS. MAHANAGAR TELEPHONE NIGAM LIMITED [LAWS(DLH)-2000-3-85] [REFERRED [PARA 7]2.]
ORIENT PAPER MILLS BRAJRAJNAGAR VS. STATE OF M P [LAWS(CHH)-2006-5-10] [REFERRED TO]


JUDGEMENT

- (1.)- This appeal by special leave arises out of judgment and order dated 24-10-1973 of the Allahabad High Court in First Appeal from Order No. 51/1972.
(2.)The dispute between the parties was referred to arbitration under the orders of the Government of Uttar Pradesh. Whereas the respondent raised three heads of dispute as enumerated in the Award, the appellant herein raised two heads. By consent of parties, all the five heads of dispute between the parties were taken cognizance of by the Arbitrator together and by his award dated 27-1-1971 decision made. When it was sought to be made rule of Court, the appellant objected to that course primarily on the ground that the Arbitrator had ignored to decide the heads of dispute and raised by it. The Trial Court dismissed the objection and the High Court in First Appeal affirmed that view which has led to this appeal.
(3.)We have heard Dr. Ghosh for the appellant in detail. We are not satisfied of the challenge made. It is clear from the Award that the two heads of dispute as raised by the appellant were embodied in Letter No. 707 dated 3-10-1968 sent to the Arbitrator and those are mentioned below:
"1. The applicant Mirzapur Electric Supply Company Limited, Mirzapur, used for its own purposes the electric lines set up by the opposite party (at Nagarpalika, Mirzapur) at its own costs only for the street lights and (the opposite party) claimed that it should be awarded a sum of Rs. 15,000/- together with interest as against the applicant.

2. The amount realised in excess by the applicant from the opposite party as electricity dues, maintenance charges and wire costs, may be refunded, and at the same time a reasonable amount may further be refunded on account of deficiency in the light as a result of low voltage and a further sum of Rs.4,000/- may be refunded due to nonconsumption of electricity in the fused bulbs which did not burn";

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