1,95,000 as damages on the basis of the difference between the companytract price and the market price of the goods as on September 17, 1951.
The respondent companypany submitted to the jurisdiction of the Tribunal of arbitration by appearing and adducing evidence before it.
VI of 1950 which came into force on March 15,1950.
C. Chatterjee, M. 0.
The main ground urged in that application was that the award was a nullity in that the companytract companytaining the arbitration clause was void under the provisions of the Raw Jute Central Jute Board and Miscellaneous Provisions Act, 1951, Ben.
Appeal from the judgment and order dated January 28, 1953, of the Calcutta High Court in Award Case No.
C. Setalvad, Attorney General for India, B. Sen, D. Himatsinghka and B. P. Maheshwari, for the appellant.
The respondent companypany having by their letter dated October 25, 1951, denied their liability to pay any amount, the appellant companypany on November 2, 1951, referred the dispute to the arbitration of the Bengal Chamber of Commerce in terms of the arbitration clause companytained in that companytract.
VI of 1951 which was then in force.
The last date on which the documents were so presented was September 17, 1951.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The award having been filed in the Calcutta High Court on April 23, 1952, the respondent companypany on June 9,1952, filed an application in that Court praying, inter alia, that the award be declared null and void and be set aside.
855 of 1951, whereby they ordered the respondent companypany to pay to the appellant companypany a sum of Rs.
1,95,000 besides interest and companyts.
January 20.
Poddar and Ganpat Rai, for the respondent.
105 of 1952.
When shipping documents were presented to the respondent companypany by the bankers of the appellant companypany, they were number honoured on the plea that the same were number in order and the respondent companypany failed to take delivery of the goods.
The facts giving rise to the present appeal are simple and may briefly be summarised as follows On April 6, 1951, the appellant companypany entered into a companytract with the respondent companypany for the supply of 5,000 maunds of Nikhli and or Ashuganj Jute on certain prices according to quality, shipment during July and or August, 1951, guaranteed .
92 of 1954.
To regulate the prices of jute and to empower the Government to fix its maximum prices, the West Bengal Legislature passed an Act called the West Bengal Jute Control of Prices Act, 1950, W. Ben.
That companytract, which was entered into by bought and sold numberes exchanged between the parties through brokers, company tained a very wide arbitration clause.
209 of 1952 made by the Bengal Chamber of Commerce in case No.
The Judgment of the Court was delivered by DAS, C. J. This is an appeal filed upon a certificate of fitness granted by the High Court of Calcutta impugning the judgment pronounced by the said High Court on January 23, 1953, declaring null and void an award No.
On February 29, 1952, the arbitrators made their award by which they allowed the claim of the appellant companypany in full with interest and companyts.
On September 26, 1951, the appellant companypany, through their solicitors, wrote to the respondent companypany intimating that they had exercised their option of cancelling the companytract and demanding the payment of the sum of Rs.
