P.B.Mukharji, J. - (1.) THIS is an application by D.L. Miller and Co. Ltd. to set, aside Award No. 11 of 1955 of the Bengal Chamber of Commerce and Industry dated 4-1-1955 and to declare it null and void. Mr. Meyer on behalf of the applicant has, urged only three grounds and no others.
(2.) HIS first point of objection is that the Court of Arbitration which has given the Award in this case was not a properly constituted Court on the ground that it violated" the consent order remitting the previous Award. HIS second point of objection is that on 3-1-1955 the Arbitrators received a written statement from the respondent which the applicant was given no opportunity to answer. HIS third point of objection is that on 3-1-1955 when evidence was being taken, the applicant's representative was denied the right to cross-examine the evidence of the respondent's representative. No other objection has been urged before me.
(3.) BEFORE discussing these objections and determining them; the facts of the dispute between the parties and the history of the Arbitration in this matter have to be briefly stated. On 10-4-1953 the applicant agreed to purchase a certain quantity of jute to be delivered in April-May, 1953. It is the applicant's case that the respondent delivered only a part of that jute and failed to deliver the balance and that even those goods which were delivered were not of the contracted quality. The applicant thereupon claimed Rs. 7,300/- as damages for inferior quality and Rs. 29.52Q/- as damages for non-delivery. The respondent claimed Rs. 37,272/- being the price of the goods delivered. Their dispute and differences were referred to the Bengal Chamber of Commerce. On 22-2-1954; an Award was made by the Bengal Chamber of Commerce directing the applicant to pay to the respondent Rs. 37,245/-and the respondent to pay to the petitioner Rs. 18,450/-. An application was then made by the present applicant on 24-5-1954 to set aside that Award. On 33-7-1954, by consent of parties the following order was made by Bachawat J. : "1. The Award is remitted to the Tribunal of Arbitration Bengal Chamber of Commerce and Industry for reconsideration by a Court to be newly constituted consisting of persons different from those who made the Award. 2. The Award shall be made within five months from the date of receipt of the paper of the Bengal Chamber of Commerce and Industry." By consent, the costs of and incidental to that application as. well as of the judgment upon Award were reserved.;