Sinha, J. - (1.) THIS is an appeal from an order of Ray, I. dated the 24th March 1960, by which the learned Judge has set aside an award of the Bengal Chamber of Commerce dated the 15th September, 1955 and has declared the same to be null and void The facts are as follows:
(2.) BY contract No. 203, dated the 30th January 1952, the appellant sold and the respondent bought, 150,000 yards of Hessian cloth, delivery April/May/June 1952, at the rate of 50,000 yards monthly. There was the usual arbitration clause for reference to the Tribunal of Arbitration of the Bengal Chamber of Commerce. The appellant's case is that it tendered the pucca delivery order to the respondent, in respect of the May portion, together with the bill, but the respondent failed to accept or pay for the same. Thereupon, on the 6th June, 1952 the appellant resold the same at a public auction, with a shortfall of Rs. 9525/7/6. Similarly, on or about the 28th June, 1952 the appellant tendered the pucca delivery order in respect of the June portion, with the bill, but the respondent failed to accept or pay for the same, whereupon, it is claimed that, on the 1st June 1952, the appellant resold the same by public auction, resulting in a short-fall of Rs. 8835/2/0 for the June portion of the goods.
(3.) THEREUPON, the appellant wrote to the Registrar of the Tribunal of Arbitration of the Bengal Chamber of Commerce on the 20th April, 1955 claiming arbitration. In this letter, the May portion of 50,000 yards and the June portion of another 50,008 yards, have been dealt with and described separately. They are set out under different headings, and all the particulars of each portion have been set, out under that heading separately. However, the total claim that was made was for Rs. 18,360-9-6, being the claims for May and June portions added together. It is not disputed that this letter was forwarded and one set of fees was sent, namely, for Rs. 400/-, as the cost of the arbitration.;