This petition was heard by A. N. Sen, J., who allowed the petition and held that the companytracts were illegal and there was numbervalid arbitration agreement between the parties.
4,000 per ton.
2012 of 1966 .
Rate Rs.
Appeals by special leave from the judgments and orders dated April 4, 1966 of the Calcutta High Court in Matters Nos.
K. Sen, O. P. Khaitan and P. N. Gupta, for the appellant in C .A. No.
The Judgment of the Court was delivered by Grover, J. These two appeals by special leave are from a judgment of the Calcutta High Court holding that the disputes between the parties companyld number be referred to arbitration.
All other terms and companyditions of the East India and Hessian Exchange standard companytract will be applicable to this companytract.
The appellant demanded the difference payable by the respondent under the said companytracts.
2013 of 1966 .
Disputes and differences having arisen between the parties in the matter the appellant referred its Claim to the arbitration of Bengal Chamber of Commerce and Industry.
7 5 3 Weight 9 oz on 36.
The main point raised in the respondents petition was that the companytracts were number in accordance with the provisions of the Act or the bye laws of the Exchange and were number in the forms prescribed and were, therefore, void and illegal.
26 and 27 of 1966.
Oil companytents Upto 2 Quantity.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
When the Chamber proceeded with the arbitration pursuant to the reference the respondent filed a petition before the Calcutta High Court on February 19, 1966 under S. 33 of the Indian Arbitration Act 1940.
Delivery 500 Rolls monthly March 1963 to December 1963.
P. Khaitan and D. N. Gupta, for the appellant in C.A. No.
CI/171 it be declared that there was numbervalid arbitration agreement between the parties in respect of the companytracts dated December 21, 1962 and December 9, 1963.
Weft Ends Per Inch 13.
2012 of 1966 .
The standard companytract forms and the rules and bye laws of the Exchange, inter alia, provided for arbitration of the Bengal Chamber of Commerce and Industry.
this was purported to have been done on the footing that the companytracts provided that all terms and companyditions thereof would be governed by the bye laws of the Exchange for trading in transferable specific delivery companytracts.
Please sign your acceptance on the duplicate companyy of this letter.
Wrap Ends Per Inch 15.
K. Puri and K. K. Jain, for the respondent in C.A. No.
As regards the balance number of Rolls deliverable under the companytract the appellant purchased back and the respondent resold the balance quantities of goods by a companytract dated December 9, 1963 which transaction was embodied in a letter of the appellant to the respondent dated December 9, 1963 and which was companyntersigned by the respondent.
T. Desai, H. K. Puri and K. K. Jain, for the respondent in C.A. No.
The appellant from time to time delivered certain Rolls of Jute Carpet Backing cloth under the aforesaid companytract, the price of which was paid by the respondent.
2012 and 2013 of 1966.
2013 of 1966 .
According to the appellant it was agreed or understood between the parties that deliveries under the two companytracts of December 21, 1962 and December 9, 1963 would be set off against each other As regards 1,000 Rolls deliverable for the months of August and September 1963 under the companytract dated December 21, 1962 the appellant is stated to have received from the respondent difference in the price of goods but in respect of the balance of 1500 Rolls the respondent did number pay the difference.
5,000 Rolls, each roll having companytinuous length of 300 yards approximately.
It was prayed that the extent and validity of the arbitration agreement companytained in the companytracts be determined and 1 L694Sup.
