which began in June 1950. Of this correspondence a few of the letters have been priu ted in the record of the case. The first letter is by the appellant to the Cane Marketing Society Ltd., Bijnor, in which a claim for Rs. 1,02,116-13·0, as compensation on account of short supplies in the season 1949-50 was made. The next letter in August, 1950, showed that the Society was claiming a sum of Rs. 1,64,094-4-6 as commission for the years 1948-49 and 1949 -50 and that the appellant was setting up a counterclaim for Rs. l,0!,890·2-9 as compensation for short supply. On November 4, 1950, the appellant wrote a final letter giving the accounts and sending a cheque for Rs. 22628-13-0 in full satisfaction of the claim. This cheque was accepted by the Society but under protest. The real dispute was about the compensation for short supplies which the Society did not admit. According to the Society they had a claim for Rs. 2,63,624-2-6 and they also moved the Cane Commissioner under Rule 23 ( l) of the U. P. Sugar Control Act and Rules, 1938, for arbitration. The Cane Commissioner, who had not acted on the letter of the appellant, then passed an order on July 26, 1951, calling upon the parties to be present before him on August 18, 1951, for the decision of the dispute. On September 3, 1951, the appellant filed a petition under Art. 226 of the Constitution for a Writ of Certiorari to quash the proceedings pending before the Cane Commissioner, for a Writ of Prohibition for restraining the Cane Commissioner from continuing the proceedings and for a writ of quo warranto for a declaration that the Cane Commissioner had no right to assume the office of arbitrator in the dispute. In support of the petition the appellant contended that there could be no arbitration in this dispute because the agreement was not a proper agreement as the Society had omitted to complete the prescribed form XII by leaving the Schedule, the area of cultivation and the estimated yield, blank and as the agreements were not signed
