1977 (10) TMI 126

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....R. Krishna Iyer, J. 1. This special leave to appeal is sought against a discretionary order passed by the Subordinate Judge declining to stay a suit under Section 34 of the Arbitration Act. This order was challenged in appeal and the High Court, after an exhaustive consideration, felt that the exercise of discretion was not so improper as to deserve interference. 2. Shri Hardev Singh is righ....

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....Section 80 C.P.C. is sent to "him may not, without more, disentitle him to move under Section 34 and seek stay. In the present case, other circumstances have also been pressed into service by the Court. 3. While dismissing the special leave petition for the reasons mentioned above, we would like to emphasize that the deserved defeat of the State in the courts below demonstrates the gross indiff....

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....ardly lives up to the Parliament's expectation in continuing Section 80 in the Code despite the Central Law Commission's recommendations for its deletion. An opportunity for settling the dispute through arbitration was thrown away by sheer inaction. A litigative policy for the State involves settlement of Governmental disputes with citizens in a sense of conciliation rather than in a fight....