Bachawat, J. - (1.) THIS is an appln. for setting aside an award of the Bengal Chamber of Commerce.
(2.) BY a contract dated 10-5-1946, the petnr. Bejoy Singh Karnwat agreed to sell to the resp. Bilasroy and Co., 45,000 bags B Twills delivery July to September 1946 at Rs. 66-12-0 per 100 bags. The contract is on the standard Indian Jute Mills Asscon. contract form which contains the following arbitration clause : "All matters, questions, disputes, differences and/or claims arising out of and/or concerning and/or in connection with and/or in consequence of or relating to this contract whether or not the obligation of either or both parties under this contract be subsisting at the time of such dispute and whether or not this contract has been terminated or purported to be terminated or completed shall be refd. to the arbitration of the Bengal Chamber of Commerce under the rules of its Tribunal of Arbitration for the time being in force and according to such rules the arbitration shall be conducted." The petnr. did not give delivery of these goods to the resp. firm. The resp. had sold these goods to one Sohonlal Karnwat at the same rate and the resp. in its turn also failed to give delivery to its buyers.
(3.) ON 1-10-1946, the resps", buyers sent a letter to the resps, intimating that on that day the goods had been bought in the open market at Rs. 78-4-0 per 100 bags. ON 7-10-1946 the resp. communicated the substance of this letter to the petnr. ON 7-10-1946 the resp's. buyer sent to the resp. a bill for Rs. 5,175 on the basis of the difference between the contract price and the price of repurchase on 1-10-1946 and asked for payment of that bill. The resps. in their turn on 18-10-1946 sent to the petnr a bill for the identical sum on the same basis and requested the petnr. to pay the bill. No reply was sent by the petnr. to any of these letters, nor was any payment made of the difference bill.;