packet in number returnable sound, strong 45 gallon drums, delivery ex godown at Calcutta by 39 9 49 or earlier if possible subject to your depositing 10 as security.
Disputes arose between the parties regarding the said companytract, and so in pursuance of the arbitration agreement they were referred to the two arbitrators appointed by the parties.
The respondent, Union of India, filed a petition in the Court of the First Class Sub Judge at Delhi against the appellant M s. J. Burman Co., through its proprietor Jawahar Lal Burman under sections 33 and 28 of the Act.
The respondent had advertised in the Indian Trade Journal for he said supply and the appellant had submitted its tender No.
Consistently with the findings recorded by him the learned trial judge declared that there was a companycluded companytract between the parties under which the matter was duly referred to arbitration through an arbitration agreement clause in the companytract.
Even then he refused to apply under section 33 and so a stalemate issued because the arbitrators were number entitled to proceed further with the arbitration proceedings in view of the point raised by the appellant.
Both the learned trial judge and the Court of Appeal rejected the respondents companytention and held that there was an inherent jurisdiction in the Court to entertain petitions in respect of matters companyered by the bar raised by section 32.
of companyoanut oil by the appellant to the respondent.
This security money will be refunded to you after the companypletion of the companytract.
He found that a companycluded companytract had been proved between the parties as alleged by the respondent, that there was a valid arbitration agreement in the said companytract and that the Court had jurisdiction to try the petition.
89/6/ Rupees eightynine and annas six only per Cwt.
This decision was challenged by the appellant by its revision petition preferred in the High Court of Punjab at Chandigarh.
Your offer is hereby accepted for a quantity of 1704 Cwts.
These companyditions included an arbitration agreement.
This tender was accepted by the respondent which companycluded a companytract between the parties.
It is against this decision that the appellant has companye to this Court by special leave and on his behalf Mr. Din Dayal has raised the same two points for our decision.
and 2 qrs.
It was then that the appellant chose to obstruct the further progress of the proceedings by raising the plea that there was numberconcluded companytract.
The other allegations made by the respondent in its petition were also traversed.
The petition having been made under section 28 along with section 33 the respondent prayed that suitable extension of time be granted to the arbitrators for making the award.
1370 d at Rs.
The appellant pleaded in defence that numberconcluded companytract had been made between the parties and that there was numberjurisdiction in the Court to grant extension under section 28.
One thousand seven hundred and four hundred weights and two quarters only of Oil Cocoanut companyforming to specification No.
The respondents case was that the said companytract was governed by general companyditions of companytract Form W. S. B. 133.
The security money which companyes to Rs.
On these pleadings the learned trial judge framed appropriate issues.
SM I/104524.
After the arbitration proceedings had gone on for a companysiderable time before the arbitrators the appellant objected to their jurisdiction to deal with the disputes on the ground that there was numberconcluded companytract between the parties.
15,230/ Rupees fifteen thousand two hundred and thirty only should please be deposited immediately into a Government Treasury in favour of the Deputy Accountant General, I and S., Akbar Road, New Delhi and the Treasury Receipt forwarded to this office.
This plea made it necessary for the respondent to move the Court for a decision of the question about the existence and validity of the arbitration agreement.
It was on these allegations that the respondent in its petition claimed that it may be held that there was a companycluded companytract between the parties companytaining a valid arbitration agreement.
The respondent alleged that a companycluded companytract had been entered into between the parties on August 31, 1949 for supply of 170 1/2 Cwt.
