S.R.Das Gupta, J. - (1.) THIS is an application for an order: (a) That the existence, effect and/or validity of the said alleged arbitration agreement and all questions relating thereto be decided and determined by this Court. (b) That it be declared that there was no valid, binding or effective or subsisting arbitration agreement between the parties or that the disputes and differences, if any, are referable to such arbitration. (c) That the said purported award dated 7th February 1949 be set aside. (d) Costs and incidental expenses be paid to the applicant.
(2.) THE facts necessary for me to determine the merits of this application, shortly stated, are as follows: On April 26, 1948, there was a contract between the parties. The sowda in respect of the said contract has been set out in Annexture 'A' to the petition. The said sowda contains amongst others the following term: "All sowdas subject to rules and regulations of the Calcutta Kirana Association whose decision is final and binding on both the buyers and the sellers."
(3.) ON September 25, 1948, the Calcutta Kirana Association went into voluntary liquidation by a special resolution passed on that date and one S. K. Chakravarty was appointed liquidator. Thereafter on October 29, 1949, another Association known as the Calcutta Kirana (Spices) Merchants' Association was incorporated and all the rules of the Calcutta Kirana Association were incorporated in the new Association and were filed with the Registrar. The special resolution which was passed on September 25, 1948, inter alia provides as follows: "Resolved that the Calcutta Kirana Association be voluntarily wound up and the members of the Managing Committee be authorised to take all necessary steps to wound up the affairs of the Association. "Resolved that the Association consents to formation of an Association in the name of the Calcutta Kirana Merchants' Association by some of the members of the Association of such other name similar or identical to the existing name of the Association." Disputes and differences arose between the parties with regard to the said sowda. The respondent referred such disputes to the Calcutta Kirana Merchants' Association. The petitioner received a letter from the Secretary of the said Kirana Merchants' Association dated 15th October 1948 asking the petitioner to attend the executive committee meeting of the said Association in respect of the said references made by the respondent to the said Association. The petitioner protested and refused to appear because the petitioner's case was that he never agreed to refer the disputes to the Calcutta Kirana Merchants' Association: the case of the petitioner being that the agreement to refer was to Calcutta Kirana Association as is embodied in the sowda itself. After a number of letters written to the petitioner asking the petitioner to attend the meeting of the said Association, the said Calcutta Kirana Merchants' Association on the 7th February 1949 made an award in favour of the respondent. It is with respect to that award that the petitioner has made the present application.;