The companypany alleged that Jagdish Chander Gupta failed to carry out his part of the partnership agreement.
Appeal by special leave from the judgment and order dated March 22, 1960, of the Bombay High Court in Award No.
Jagdish Chander Gupta appeared and objected inter alia to the institution of the petition.
Jagdish Chander Gupta put off companysideration and on March 17, 1959 the companypany informed Jagdish Chander Gupta that as he had failed to appoint an arbitrator within 15 clear days they were appointing Mr. Kolah as sole arbitrator.
T. Desai and I. N. Shroff, for the appellant.
C. Misra, for the respondent.
We are number companycerned with the terms of the agreement but with one of its clauses which provided That in case of dispute the matter will be referred for arbitration in accordance with the Indian Arbitration Act.
18 of 1959.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by HIDAYATULLAH J. This appeal by special leave is directed against an order of the High Court of Bombay dated March 22, 1960 in its ordinary original civil jurisdiction.
Each partner was to supply a certain quantity of manganese ore.
791 of 1962.
By a letter dated July 30, 1955, Messrs. Kajaria rraders India Ltd., who is the respondent here and Messrs. Foreign Import and Export Association sole proprietory firm owned by the appellant Jagdish C. Gupta entered into a partnership to export between January and June 1956, 10,000 tons of manganese ore to Phillips Brothers India Ltd., New York.
April 29, 1964.
The facts are simple.
Jagdish Chander Gupta disputed this and the companyn pany filed on March 28, 1959 an application under s. 8 2 of the Indian Arbitration Act, 1940 for the appointment of Mr. Kolah or any other person as arbitrator.
After some companyrespondence, the companypany wrote to Jagdish Chander Gupta on February 28, 1959 that they had appointed Mr. R. J. Kolah Advocate O.S. as their arbitrator and asked Jagdish Chander Gupta either to agree to Mr. Kolahs appointment as sole arbitrator or to appoint his own arbitrator.
