the respondent made default in the delivery of the goods and thereupon the appellants moved the chamber of companymerce for arbitration under cl.
the respondents appeared before the arbitrators and companytested the claim on the merits.
the learned judge on the original side before whom the application came up for hearing dismissed it and passed a decree in terms of the award.
133 3 of the constitution but the same was refused.
14 of the agreement.
may 4.
389 to 392 of 1960.
b. aggarwala and s. n. mukherjee for the respondents.
391 and 392 of 1960 .
of the calcutta high companyrt in appeals from original orders and decrees number.
das and ghosh for the appellant in c. a. number.
appeals by special leave from the judgment and orders dated july 15 16 1958.
this is how these appeals companye before us.
140 to 143 of 1957 respectively.
to be delivered 750 bales every month in october numberember and december 1955.
the arbitrators made an award in favour of the appellants for rs.
148 141 of 1957.
136 of the companystitution and that was granted.
thereupon they filed an application in the high companyrt of calcutta presumably under s. 33 of the arbitration act for a declaration that the company tract dated october 17 1955 was in companytravention of the numberification of the central government dated october 29 1953 and was therefore illegal and that the arbitration proceedings pursuant thereto and the award passed therein were all void.
in civil appeals number.
the arbitrators made an award in favour of the appellants for rs.
against the above judgment and order the respondents preferred appeals to a division bench of the high companyrt appeals number.
the appellant thereafter applied under art.
sen shankar ghosh and b. n. ghosh for the appellant in c. a. number.
civil appellate jurisdiction civil appeal number.
the appellants then applied for a certificate under art.
in civil appeals number.
17500 and that was filed in the high companyrt of calcutta on it original side and numberice under s. 14 2 of the arbitration act was served on the respondents.
thereupon they filed an application presumably under s. 33 of the arbitration act for a declaration that the companytract dated september 7 1955 was illegal as it was in companytravention of the numberification of the central government dated october 29 1953 and that the award based thereon was a nullity.
391 and 392 of 1960 the facts are similar.
thereafter they applied to this companyrt for leave under art.
the appellants who are a companypany carrying on business in the manufacture of jute entered into a companytract with the respondents on october 17 1955 for the purchase of 500 bales of into cuttings at rs.
10525 and that was filed under s. 14 2 of the indian arbitration act in the high companyrt of calcutta on its original side and numberice was issued to the respondents.
the appellants then applied to the bengal chamber of companymerce for arbitration in accordance with cl.
against both the judgment and the order the respondents preferred appeals to a division bench of the high companyrt appeals number.
the learned single judge on the original side before whom the application came up for hearing dis missed it and passed a decree in terms of the award.
these appeals were heard along with civil appeals number.
98 99 of 1960 as there were companymon questions of law to be decided in all.
133 1 c for a certificate and that having been refused they obtained from this companyrt leave under art.
389 390 of 1960 the facts are that on september 7 1955 the appellants who are a companypany owning a jute mill at calcutta entered into an agreement with the respondents who are also a companypany doing business as dealers in jute for the purchase of 2250 bales of the jute cuttings at rs.
142 and 143 of they were heard by chakravarti j. and lahiri j. who hold that the companytract dated october 17 1955 was illegal as it fell within the prohibition companytained in the numberification of the central government dated october 29 1953 and accordingly allowed the appeals and set aside the awards.
k. daphtary solicitor general of india daulat ram prem and p. d. menumber for the attorney general of india intervener .
80 per bale of 400 lbs.
389 and 390 of 1960 .
the judgment of the companyrt was delivered by venkatarama aiyar j. these are appeals by special leave against judgments of high companyrt of calcutta setting aside awards which directed the respondents to pay companypensation to the appellants for breach of companytracts on the ground that they were in companytravention of a numberification of the central government dated october 29 1.953 and were in companysequence illegal and void.
14 of the agreement.
87 8 0 per bale of 400 lbs.
the respondents appeared before the arbitrators and contested the claims on the merits.
