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    <title>1959 (2) TMI 30 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=193345</link>
    <description>Clause XVI of the Sixth Schedule, incorporated into a licence by section 57 of the Electricity (Supply) Act, 1948, formed part of the arrangement between the Government and the licensee, but it did not itself create a statutory arbitration mechanism binding consumers who were not parties to the licence. As the consumer&#039;s refund dispute was not shown to arise from a contractual arbitration agreement binding both sides, section 46 of the Arbitration Act, 1940 could not support a stay under section 34. The article concludes that such a consumer suit was not referable to arbitration under clause XVI and was not liable to be stayed.</description>
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    <pubDate>Fri, 13 Feb 1959 00:00:00 +0530</pubDate>
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      <title>1959 (2) TMI 30 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=193345</link>
      <description>Clause XVI of the Sixth Schedule, incorporated into a licence by section 57 of the Electricity (Supply) Act, 1948, formed part of the arrangement between the Government and the licensee, but it did not itself create a statutory arbitration mechanism binding consumers who were not parties to the licence. As the consumer&#039;s refund dispute was not shown to arise from a contractual arbitration agreement binding both sides, section 46 of the Arbitration Act, 1940 could not support a stay under section 34. The article concludes that such a consumer suit was not referable to arbitration under clause XVI and was not liable to be stayed.</description>
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      <pubDate>Fri, 13 Feb 1959 00:00:00 +0530</pubDate>
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