K.C. Agrawal, J. - (1.) This appeal under Section 39 of the Arbitration Act has been preferred by Bareilly Holding Limited against the judgment of the Additional Civil Judge, staying the proceedings of suit No. 306 of 1977. under Section 34 of the Arbitration Act.
(2.) Suit No. 306 of 1977 was filed by the plaintiff appellant, Bareilly holding limited, for recovery of Rs. 2,59,265.78. Three types of claims which were made by the appellant are mentioned in Annexure A, B and C appended to the same. 1. Annexure A was about street lighting account for the period from November. 1974 to July 1975 ; 2. Annexure B was for street lighting in respect of maintenance charges for the period March 1975 to July 1975 ;and 3. Annexure C was about details of outstanding dues in respect of the street Lamps installed on 31st July. 1975.
(3.) The defendant, Municipal Board, filed an application for stay of the suit under section 34 of the Arbitration Act alleging that as under the agreement, the dispute was referable to Arbitration, hence, the suit was liable to be stayed. Paragraph 9 of the application as under : "That as per Rule 13 of U.P. Electricity (Duty) Rules of 1952, the disputes between licences or appointed authorities and their consumers regarding the rate of levy of duty or of the amount of duty realised is also referable to Deputy Electrical Inspector. Since this dispute is also relating to electricity duty hence it is referable to the arbitration of the said Authority".;