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1969 (4) TMI 104 - SUPREME COURTWhether the application made by the appellant under s. 34 of the Act before the Calcutta High Court was an application in a reference within the meaning of s. 31(4) of the same Act? Held that:- The application for stay under s. 34 of the Act cannot be treated as an application in a reference under s. 31(4) of the Act. Therefore, the Subordinate Judge, First Class, Delhi was right in holding that the application under s. 20 of the Act was maintainable in his Court and for making a reference of the dispute to the arbitrator mentioned in the agreement. Accordingly we set aside the order of the Punjab High Court and restore the order of the Subordinate Judge, First Class, Delhi dated January 29, 1963 allowing the application filed by the appellant under s. 20 of the Arbitration Act, 1940. The appeal is allowed
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