- (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";;