Bachawat, J. - (1.) By a contract dated the 31st March, 1952, the petitioner agreed to buy and the respondents agreed to sell 60,000 bags of heavy cees, delivery April, 1952. By another contract dated the 1st April, 1952, the petitioner agreed to buy and the respondent agreed to sell 20,000 bags of heavy cees, delivery April, 1952. Both contracts are on the standard Indian Jute Mills Association contract form which contains the following arbitration clause:- "All matters, questions, disputes, differences and/or claims arising out of and/or concerning and/or in connection with and/or in consequence of or relating to this contract whether or not the objections of either or both parties under this contract be subsisting at the time or such dispute and whether or not this contract has been terminated or purported to be terminated or completed shall be referred to the arbitration of the Bengal Chamber of Commerce and Industry under the rules of its Tribunal of Arbitration for the time being in force and according to such rules the arbitration shall be conducted."
(2.) The petitioner gave shipping instructions on or about the 19th April, 1952, and asked for inspection orders on or about the 21st April, 1952. Inspection orders as for the 29th April, 1952, were sent by the respondent on or about the 24th and the 28th April, 1952, but they were returned by the petitioner. The respondent tendered pucca delivery orders and on the refusal of the petitioner to accept the delivery orders resold the goods on the 2nd May, 1952. The respondents claimed the difference of price as damages and referred the claim to the arbitration of the Bengal Chamber of Commerce and Industry.
(3.) On June 2, 1952, the respondents made on application for arbitration of disputes under both the contracts claiming Rs.31,291-7-3. The arbitration case was marked Case No.457G of 1952. The Registrar constituted a Court for the adjudication of the disputes referred to the arbitration of the Chamber. The petitioner filed its statement counter-claiming a sum of Rs.40,000. further statements were filed by both the parties. On or about September 22, 1952, the Chamber gave to the parties notice of hearing on the 1st October, 1952. An application by the petitioner for adjournment was refused and the arbitrators made two awards, both dated the 13th October, 1952. There was Award No.1023 of 1952 regarding contract No.135 and Award No.1024 of 1952 regarding contract No.136.;