Bachawat, J. - (1.) THIS is an application for extension of the time of, the arbitrators to reconsider their award.
(2.) ON 29,12-1952, the petitioner referred its claim for damages to the arbitration of the Bengal Chamber of Commerce and Industries under the arbitration clause contained in the contract dated 15-12-1952. ON 27-6-1953, the Bengal Chamber of Commerce made its award No. 680 of 1953 in favour of the petitioner. By consent order dated 15-4-1954 this Court remitted the award to the Bengal Chamber for reconsideration in accordance with the rules of its Tribunal of Arbitration and the Chamber was direct ed to submit its decision within 3 months from 15-4-1954. Subsequently correspondence passed between the Registrar of the Chamber and the attomies of the parties with regard to the question whether the reconsideration of the award should be by the arbitral court which made the award or by a new arbitral court to be appointed by the Regis trar of the Chamber. By letter dated 23-6-1954 the Chamber fixed 1-7-1954 for the reconsidera tion of the matter. But no meeting was held on 1-7-1954 or thereafter. On 12-7-1954 the Registrar of the Chamber wrote to the attornies for the peti tioner stating that it would not be possible for the Chamber to make the award within 14-7-1954 and requesting the" parties to apply to the Court for two months extension of the time to reconsider the award. On or about 15-7-1954 the time to re consider the award and to submit the fresh deci sion expired. On 19-8-1954, this summons was taken out.
(3.) MR. Bhabra appearing "on behalf "of the respondent contends that after the expiry of 15-7-1954, the Court has no power to extend the time and also that assuming that the Court has such power the Court ought not to grant the extension in the circumstances of this case.;