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1964 (4) TMI 109 - SUPREME COURTWhether the present proceeding is one to enforce a right arising from the contract of the parties? Whether by reason of the fact that the words "other proceeding" stand opposed to the words "a claim of set-off" any limitation in their eaning was contemplated Held that:- Whether we view the contract between the parties as ;a whole or view only the clause about arbitration, it is impossible to think that the right to proceed to arbitration is not one of the rights which are founded on the . agreement of the parties. The words of s. 69(3) "a right arising from a contract" are in either sense sufficient to cover the present matter. The words 'other proceeding' in subs. (3) must receive their full meaning untramelled by the words 'a claim of set-off'. The latter words neither intend nor can be construed to cut down the generality of the words 'other proceeding'. The sub-section provides for the application of the provisions of sub-ss. (1) and (2) to claims of set-off and also to other proceedings of any Kind which can properly be said to be for enforcement of any right arising from contract except those expressly mentioned as exceptions in sub-s. (3) and sub-s. (4). Appeal allowed.
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