Banerjee, J. - (1.) THIS is a seller's appeal against an order of Bachawat, J., refusing to set aside an award.
(2.) UNDER an arbitration clause contained in a contract of sale of goods, the buyers referred their dispute with the seller that arose out of the contract to the Bengal Chamber of Commerce. The contract was made on May, 10, 1946, for sale of B-Twills. The buyers agreed to buy the goods at Rs. 66-12-0 per hundred bags delivery July to September, 1946, at the rate of 15,000 bags monthly. The buyers in their turn sold the goods to Messrs. Sohanlal Karnawat. As the goods were not delivered to the buyers, they in their turn could not give delivery to Messrs. Sohanlal Karnawat who, thereupon, by two letters dated October 1, 1946, and October 7, 1946, to their sellers asked for the difference being the difference between the contract rate and the rate prevailing on October 1, 1946, namely, Rs. 78-4-0 per hundred bags, amounting Rs. 5175/-. The Jute Control Order was at the time when the contract was made in force and expired on September 30, 1946.
(3.) RECEIVING the letters from Messrs. Sohanlal Karnawat, the buyers on October 7 and 18, 1846, wrote to the seller as follows: "Referring to the above our buyers Messrs. Sohanlal Karnawat write us as under in theirs of 1st instant received by us this day which please note in our turn and oblige. As you have failed to deliver the above goods on the respective due dates I have purchased the above goods to-day in open market at Rs. 78-4 per cent. bags against you which please note. The difference bill will be presented to you in due course.";