Banerjee, J. - (1.) THIS is an appeal from a decree made by Sarkar J. on 22-8-1950, dismissing a suit on a preliminary issue. That issue is as to whether the suit is maintainable in view of Section 32, Arbitration Act, 1940. Section 32 is as follows: "Notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the existence, effect or validity of an arbitration agreement or award, nor shall any arbitration agreement or award be set aside, amended, modified or in any way affected otherwise than as provided in this Act."
(2.) THE facts are as follows. THE plff. it appears from the plaint, claims a declaration that a certain contract was not made between the parties and is not binding on it. THE plff. claims a further declaration that the deft. is not entitled to make any claim in respect of the said contract and asks that the contract be adjudged void and delivered up to be cancelled. THEre is a prayer for an injunction to restrain the deft., its servants and agents from making any claim or demand on the contract. THEre is a prayer also for damages, etc. By a telegram sent to the plff. by one Mr. Kennedy, the deft, offered to supply to the plff. certain quantity of gunny bags. This offer was accepted by a letter of the plff. to the deft. There was confirmation of the plff's acceptance.
(3.) ACCORDING to the plff. this correspondence constitutes the contract between the parties. It is alleged in the plaint that subsequently it was agreed between the parties that the goods would be shipped free on board the steamer, Calcutta. All the goods except 63 bales were duly delivered. The plff. makes no claim in respect of the nondelivery of the 63 bales.;