- (1.) THIS is an application for slay of the suit. There was a contract between the petitioners and the respondents by which the petitioners agreed to sell and the respondents agreed to purchase certain textile goods. The contract contained the arbitration clause as follows: "all disputes and questions whatsoever which shall arise between the parties hereto out of or' m connection with this agreement; or as to the construction or application thereof or the respective rights and obligations of the parties hereunder or as to any clause or thing herein contained or any account or valuation to be made hereunder or as to any other matter in any way relating to these presents shall be referred to arbitration in. accordance with the rules of the Millowners' Association, Bombay, for the time being in force regulating arbitrations with respect to piece goods. "
(2.) THE principal objection to stay of the suit is that the arbitration clause is vague. The arbitration clause speaks of disputes to be referred to arbitration in accordance with the rules of the Millowners' Association, Bombay. It is, therefore, contended that there is no reference to anybody as the chosen arbitrator. Reliance was placed on a decision of Sinha, J. reported in 85 C. L. J 136 at page 141. In that case there was a contract containing a printed arbitration clause which was as follows: "all disputes regarding this contract to be settled by two arbitrators, one nominated by the buyers and sellers respectively in accordance with the Indian Arbitration Act. "
(3.) THE printed portion was followed by a type-written clause which also contained an agreement for arbitration. The type-written clause was as follows: "alt disputes whatsoever arising on or out of this contract shall be referred to the arbitration under the rules of the Tribunal of Arbitration, Bengal Chamber of Commerce or the Indian Chamber of Commerce applicable for the time being for decision and such decision shall be accepted as final and binding on both the parties to the contract. ";