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february 1959

Supreme Court of India · 1959-02-13

THE AMALGAMATED ELECTRICITY CO., LTD. vs N. S. BATHENA

Citation / case number
SC 1958/107
Court
Supreme Court of India
Petitioner
THE AMALGAMATED ELECTRICITY CO., LTD.
Respondent
N. S. BATHENA
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that the arbitration clause in Section 57(1) of the Electricity (Supply) Act, 1948, does not extend to disputes between the licensee and the consumer, as the license is an agreement solely between the licensee and the Government. The Court clarified that the arbitration clause does not create a statutory provision for arbitration of disputes involving third parties, such as consumers. Consequently, the appeal for staying the suit under Section 34 of the Arbitration Act, 1940, was dismissed, affirming the lower courts' decisions.

THE AMALGAMATED ELECTRICITY CO., LTD. vs N. S. BATHENA · Niyam