- (1.) This is an appeal from an order of P.B. Mukharji, J., dated June 14, 1957, dismissing the Appellant's application for setting aside an award made against it by the Bengal Chamber of Commerce and Industry. The learned Judge delivered no judgment, but it appears from the minutes that he relied upon an earlier judgment of his own delivered in award case No. 27 of 1956. We have had that judgment brought up before us and have acquainted ourselves with the reasons which influenced the learned Judge in coming to the decision arrived at by him.
(2.) The Appellant was the seller under a contract, dated September 7, 1955, entered into with the Respondent for the sale of 750 bales of jute-cuttings of Pakistan., Jute-cuttings are raw jute. The delivery of the goods was spread out over three months, 250 bales being deliverable in October, 1955 and equal quantities in November and December following. The Appellant did not deliver any goods and pleaded as an excuse for the non-performance of the contract that interference by the Government of East Pakistan had made performance impossible. The Respondent would not listen to that plea and in due course it submitted the dispute to the arbitration of the Bengal Chamber of Commerce and Industry in accordance with the arbitration agreement contained in the contract. The Appellant took part in the proceedings before the arbitrators and the only case it set up was a case on the merits.
(3.) Its defence did not succeed and the Chamber made an award against it for a sum of Rs. 41,250 which was very the sum claimed by the Respondent, together with interest at a certain rate.;