A.N.Ray, J. - (1.) THIS is an application for an order that the notice dated April 2, 1965, issued under Section 14(2) of the Arbitration Act, 1940, be set aside and also for an order that the service of the notice under Section 14(2) of the Arbitration Act be declared to be bad and ineffective. The other reliefs asked for are that the arbitration agreement dated February 1, 1961, be declared to be void and of no effect and that it be declared that the award purported to be dated October 1, 1962, was not made or signed on October 1, 1962, and did not exist on October 1, 1962, and that the award be set aside.
(2.) THE award is made by the Bengal Chamber of Commerce and Industry and bears the date October 1, 1962. THE award is as follows : " That Lachminarain Kanoria and Co. shall pay to Victory Jute Mills in full settlement of their claim herein, the sum of Rs. 32,875 (Rupees thirty-two thousand eight hundred and seventy-five) together with interest, thereon at the rate of 6 per cent. per annum from Ist August, 1961, to the date of this award. That Lachminarain Kanoria and Co. shall pay to Victory Jute Mills the costs of this arbitration which we fix at Rs. 304.50 nP. and which are to be recovered by the Tribunal from the deposit made by the latter." Lachminarain Kanoria and Co. is the petitioner and Victory Jute Mills, the respondent, is alleged to be a sole proprietary concern of Tolaram India Ltd. carrying on business at No. 68, Nalini Sett Road, Calcutta.
(3.) THERE was a contract as will appear in annexure "A" to the petition. Under that contract Victory Jute Mills agreed to sell and deliver to the petitioner certain quantities of hessian cloth. THERE was an arbitration clause.;