Bachawat, J. - (1.) This is a petition for declaring void and setting aside an award. The petitioner is an Indian Company and the respondent Swedish concern. The petitioner supplied two tons of black horse tail hair to the respondent. The petitioner drew against the letter of Credit opened by the respondent on shipment of goods and obtained payment of the price. On arrival of the goods, the respondent contended that the goods were not of the contract quality and description. The petitioner disputed this contention.
(2.) By telegram, dated 18.12.51, the respondent suggested arbitration of the dispute in London. By letter, dated 7.1.1952, the petitioner stated that it might agree to a Calcutta arbitration if the respondent would agree to the same. On 19.1.52, the respondent wrote to the petitioner stating that "we are pleased to note that you have accepted Calcutta arbitration...... In order to show you our willingness to cooperate, we accept Calcutta arbitration and we hope to be able to notify you soon about the name of our arbitrators in Calcutta."
(3.) The respondent was thereafter represented by the Royal Swedish Consulate in Calcutta. Mr. S. Anderfelt was the Acting Vice-Consul and for some time Acting Consul for Sweden in Calcutta. Mr. Anderfelt enquired of the Secretary of the Bengal National Chamber of Commerce by letter, dated 29th July, 1952 if it was possible for the Chamber to appoint a suitable and fully qualified arbitrator to arbitrate on the dispute and again by letter, dated 19.8.52., if the Chamber would arrange for the arbitration of the dispute. On 18.8.52, the petitioner enquired of Mr. Anderfelt as to how far the matter regarding the proposed arbitration had proceeded. On 19th August, 1952, Mr. Anderfelt replied stating that he had taken up the question with the Bengal National Chamber of Commerce with a view to ascertaining whether they would be able to assist in resolving the dispute. By letter, dated 30th August, 1952, the Secretary of the Bengal National Chamber of Commerce informed Mr. Anderfelt that the Chamber would be glad to take up the work of arranging for arbitration of the dispute. On 2nd September, 1952, Mr. Anderfelt passed on the information to the respondent and wrote to the Chamber acknowledging receipt of the letter, dated 30th August, 1952. On the same date, he wrote to the petitioner stating that "I am now pleased to advise you that the Bengal National Chamber of Commerce have agreed to arbitrate on this dispute. Kindly confirm by return that you will abide by the decision of the arbitrators in this matter.;