Thereupon the respondents filed an application in the High Court, presumably under s. 33 of the arbitration Act, wherein they prayed 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 in companysequence proceedings taken thereunder before the Chamber of Commerce and the award in which they resulted were all void.
B. Aggarwala and S. N. Mukherjee, for the respondent.
The arbitrators made an award in favour of the appellants for Rs.
Appeal from the judgment and order dated April 16, 1958, and April 11, 1958, of the Calcutta High Court in Appeal from Original Order and decree Nos.
N. Sanyal, Additional Solicitor General of Indin, M. G. Poddar and D. N. Mukherjee, for the appellant.
133 1 of the Constitution and the same was granted.
Against both this judgment and order, the respondents preferred appeals to a Division Bench of the High Court, Appeals Nos.
The appellants then applied for a certificate under Art.
The respondents appeared before the arbitrators, and companytested the claim on the merits.
14 of the agreement.
1955, is a number transferable specific delivery companytract within s. 2 f of the Act and it is number hit by the numberification dated October 29, 1953.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
80 per bale of 400 lbs.
On September 7, 1955 they entered into a companytract with the respondents who are doing business as dealers in jute, for the purchase of 750 bales of Jute cutting raw of Pakistan at Rs.
Clause 14 of the agreement provides that all disputes arising out of or companycerning the companytract should be referred to the arbitration of the Bengal Chamber of Commerce.
The Judgment of the Court was delivered by VENKATARAMA AIYAR, J. These are appeals against the judgment of the High Court of Calcutta, setting aside an award of the arbitrators, which directed the respondent to pay to the appellants Rs.
98 and 99 of 1960.
173 and 151 of 1957, respectively.
The respondents failed to deliver the goods as agreed whereupon the appellants applied to the Bengal Chamber of Commerce for arbitration in accordance with el.
41,250 with interest, and that was filed under s. 14 2 of the Indian Arbitration Act in the High Court of Calcutta in its original side and numberice was issued to the respondents.
May 4.
to be delivered in October, November and December at the rate of 250 belles every month.
The facts are that the appellants own a Jute Mill at Calcutta and carry on the business of manufacture and sale of Jute.
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.
41,250 as companypensation for breach of companytract, on the ground that the said companytract was in company travention of a numberification of the Central Government dated October 29, 1953, and was in companysequence illegal and void.
