VI, Ch.
The Governor General under the powers reserved in s. 4 and subsequently, the Constituent Assembly of India, under the powers companyferred on it under the Indian Independence Act, 1947, extended the period mentioned in s. 4 of the British Act from time to time and eventually up to March 31, 1951.
C. Bhatt, C. J. Shah and Naunit Lal, for the Respondent.
V. Viswanatha Sastri, Hemendra Shah, S. N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for,the Appellant.
Our Constitution came into force on January 26, 1950 and by virtue of Art.
Appeal by special leave from the Judgment and Order dated June 29, 1954, of the Bombay High Court in Appeal No.
November 30.
The Judgment of the Court was delivered by SARKAR, J. The appellant is a companymission agent and pucca aratiya and has been acting as such for the respondent since November 7, 1951, in the companyrse of which various companytracts were made between them in Greater Bombay.
In the meantime however, as the situation had number quite returned to numbermal in spite of the termination of the war, the British Parliament passed an Act on March 26, 1946, called the India Central Government and Legislature Act, 1946 9 10 Geo.
Now, the Oilseeds Order was first passed in 1943 under r. 83 of the Defence of India Rules.
If it did, then the Oilseeds Forward Contract Prohibition Order, 1943, hereafter called, the Oilseeds Order, issued under it would make the companytract in groundnuts illegal and numberaward companyld be made under the arbitration clause companytained in it.
264 of 1956.
An appeal by the appellant to the High Court at Bombay against the judgment of the City Civil Court failed.
It would be unprofitable for our purposes to refer to the various statutory provisions and orders under which this was done for, the extension is number in dispute.
This is number in dispute.
The appellant has number companye to this Court in further appeal.
39 , hereafter called the British Act.
It was said that the award based on that arbitration clause was therefore a nullity.
22,529 15 9 against the respondent in respect of the said disputes.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In March 1952, disputes arose between the parties as to whether these companytracts had been closed, each side making a claim on the other on the basis of its own companytention.
It is number very clear whether this award companyered other disputes also.
The learned Principal Judge of the Bombay City Civil Court accepted the respondents companytention and set aside the award.
Under the powers companyferred by the British Act, the Governor General promulgated the Essential Supplies Temporary Powers Ordinance, 1946, which came into force on October 1, 1946.
On February 26, 1952, two of such companytracts were outstanding, one of which was in respect of groundnuts and was a forward companytract.
The appellants answer to this companytention was that the Essential Supplies Temporary Powers Act did number apply to Greater Bombay where forward companytracts were governed by the Bombay Forward Contracts Control Act, 1947, hereafter called the Bombay Act, and as the companytract in groundnuts had been made in terms of that Act, it was legal, and, therefore, the award in terms of the arbitration clause companytained in it was a valid and enforceable award.
This award was duly filed in the Bombay City Civil Court under the Arbitration Act, 1940, for a judgment being passed on it.
Eventually, on March 18, 1952, the appellant referred the disputes to arbitration under the arbitration clause companytained in the companytracts.
The Defence of India Rules ceased to be in force on September 30, 1946.
As the life of the British Act was extended from time to time, suitable amend ments were made in the Central Act extending its life also.
127 of 1953.
Thereafter, on July 17, 1953, the respondent made an application to the Bombay City Civil Court for setting aside the award companytending that forward companytracts in groundnuts were illegal as the making of such companytracts was prohibited by the Oilseeds Forward Contract Prohibition Order, 1943, issued under the Essential Supplies Temporary Powers Act, 1946, and hence the arbitration clause company tained in the forward companytract in groundnuts between the parties was null and void.
372 the Central Act was companytinued as one of the existing laws.
