Bachawat, J. - (1.) THIS is an application to declare that the arbitration agreement and the awards are void, illegal and inoperative and for setting aside the awards.
(2.) BY the two separate contracts dated 12/8/1953 the petitioner agreed to purchase blankets from the respondent. I have looked at the original contracts which are in Hindi and I accept the Official Translation to be correct. Each of the contracts contained the following arbitration clause: "If there arise any dispute or trouble regarding this contract, then the same shall be decided by the Arbitration Board of the Blanket and Shawl Traders' Association or by the arbitrators appointed by the buyer and by the seller one (by) each both of whom shall be senior traders, (and such decision) shall be accepted by both persons -- (buyer and seller), and the said decision shall be deemed as the final decision." Part of the goods were delivered. The respondent claims the balance of the price of goods sold and delivered. The petitioner counter-claims for damages for not delivering the balance goods.
(3.) THE respondent appointed Shri Ram Nath Bagaria as his arbitrator and by notice dated 16/2/1954 requested the petitioner to appoint his arbitrator. Thy notice was received by the petitioner on 17/2/1954. Fourteen clear days expired from the date of the service of the notice, but the petitioner did not appoint his arbitrator and did not send any reply. On 5/3/1954 the respondent appointed Ram Nath Bagaria as sole arbitrator and gave notice of the appointment to the petitioner. THE petitioner did not send any protest nor any reply to this letter. By notice, dated 19/4/1954 the arbitrator enclosed the statement of the respondent and asked the petitioner to submit its statement within 7 days. This notice was received by petitioner on 20/4/1954. THE petitioner did not file any statement and did not send any reply. By notice, dated 5/5/1954 to the petitioner the arbitrator appointed 10/5/1954, 3-30 P. M. for hearing. THE notice was received by the petitioner on 10/5/1954. THE petitioner did not appear at the hearing of the arbitration on 10/5/1954. On 19/5/1954 the arbitrator made, an ex parte award against the petitioner.;