A.N.GROVER - (1.) THIS is an appeal by special leave from a judgment of the Calcutta High Court dismissing a petition filed under Section 33 of the Indian Arbitration Act, hereinafter called the Act.
(2.) A contract was entered into between appellant and the respondent on 28/01/1964 for sale of 200 bags of Cone yarn. The contract inter alia contained the following terms and conditions: "(a) In case of any dispute arising out of this contract the matter in dispute shall be referred to the arbitration of the Indian Chamber of Commerce whose decision shall be binding on both the parties. (b) The Court at Calcutta alone and no other court whatsoever shall have jurisdiction to entertain and try suits in respect of any claim or disputes arising out of or under this contract or in anyway relating to the same". Certain disputes arose between the parties relating to the supply of goods and the respondent demanded a payment of Rs. 25,658-90 as price of the goods alleged to have been supplied. The appellant maintained that the said goods were not according to the contract and had been rightly rejected. The appellant did not happen to be a member of the Indian Chamber of Commerce, Calcutta, whereas the respondent was a member. The dispute having been referred to the Chamber the appellant wrote to the Registrar of the Tribunal of Arbitration of the Chamber of Commerce to intimate the names of the persons constituting the court to enable the appellant to ascertain whether they were independent and disinterested persons. The Registrar sent a reply saying that names of the arbitrators constituting the court could not be disclosed to the appellant as it was a non-member. Later on a list of the office-bearers and committee members was sent but according to the appellant the names of the arbitrators were not disclosed. In September 1964 the Registrar intimated that the meeting of the court of the arbitrators would be held on 24/09/1964. There was further correspondence. The appellant's attorney again sought information regarding the names and particulars of the arbitrators but without success. Ultimately the appellant filed an application under S. 33 of the Act. The case of the appellant was that the arbitration agreement contained in the contract was void and ineffective as clauses (a) and (b) reproduced above were in conflict with each other and that the Rules of the Tribunal of Arbitration of the Indian Chamber of Commerce were illegal and void. The High Court repelled all the contentions raised before it and dismissed the application.
(3.) THE main emphasis before us has been laid by learned counsel for the appellant on R. III of the Rules of Arbitration of the Indian Chamber of Commerce which, according to him, comes into conflict with the provisions of the Act. That Rule provides that the Tribunal shall consist of such persons as may be selected by the Committee of the Chamber from time to time. Sub-Rule (3) reads: "THE Committee may, at any time if they think proper so to do, add to the said list the names of other persons qualified as aforesaid. A list of the members of the Tribunal complete for the time being shall be kept by the Registrar, and shall always be open for inspection by members on application and at the discretion of the Registrar, also by persons other than members". It is urged that the non-disclosure of the names of the arbitrators by the Registrar is violative not only of the rules of natural justice but also infringes the provisions of the Act. Before the High Court and before us reliance has been placed on an unreported judgment of the Calcutta High Court in Matter No. 95 of 1963, D/- 10-4-1964 (Cal) Suraj Ratan Binany v. Hindustan Motors Ltd. In that case a similar contention had been raised and it was held that if the names of the arbitrators were not known to the parties until the award was filed the parties would not be in a position to know whether the arbitrators had misconducted themselves entailing removal under section 11 of the Act or a case had arisen for moving the court under section 5 of the Act for leave to revoke the authority of an appointed arbitrator. In the judgment under appeal, however, that view was not followed and it had been held that the Arbitration Rules of the Chamber of Commerce did not offend any of the sections of the Act as the powers of the court under Sections 5 and 11 remained unaffected by the aforesaid Rules.;