Dipak Kumar Sen, J. - (1.) The facts and the matters in record which are material and are not in dispute in this proceeding are as follows:- Brennan Corporation, the petitioner No. 1 in this application and defendant No. 1 in the suit, hired Motor Tanker "Kampos" a Greek vessel (and hereinafter referred to as the said vessel) under a time charter. Thereafter a voyage Charter Party dated the 8th August, 1979 was executed in Paris between the petitioner No. 1 as the disponent owner of the said Vessel and Messrs. Caprosal of Geneva, the charterer for carriage of a quantity of crude rape-seed oil from the Port Vancouver in Canada to Ports in India.
(2.) The said Charter Party contains an arbitration clause as follows: "Any dispute arising from the making, performance or termination of this Charter Party shall be settled in London, Owner and Charterer each appointing an arbitrator, who shall be a merchant, broker or an individual in the shipping business : the two thus chosen, if they cannot agree, shall nominate a third arbitrator who shall be an Admiralty lawyer. Such arbitration shall be conducted in conformity with the provisions and procedure of London and a judgment of the Court shall be entered upon any award made by the said arbitrators".
(3.) Pursuant to the said Voyage Charter the said vessel proceeded to the Port of Vancouver where a quantity of rape-seed oil was shipped for and on behalf of Messrs. Caprosal for delivery to the State Trading Corporation of India Limited, the respondent herein and the plaintiff in the suit. A Bill of Lading dated the 17th August, 1978 in respect of the said cargo was issued by the petitioner No. 1 in favour of the shippers, which contains a clause typed on its face as follows:- "All terms, conditions and exceptions as per existing Charter Party to be considered as incorporated herein as if fully written, anything to the contrary contained in the Bill of lading notwithstanding".;