Harries, C.J. - (1.) THIS appeal was referred to a Full Bench for decision by a Bench of this Court by an order dated 5-4-1949. In the referring order two questions are propounded, namely, 1. In the circumstances of this case was the arbitration clause contained in the contract between Bubna More and Co. and the respondents imported into the contract made between the respondents and the appellants ?
(2.) WHICH of the two decisions, namely, Chatturbhuj Chandunmull v. Basdeodas Daga, 47 Cal 799 : (A. I. R. (8) 1921 Cal 767) and Haji Vali Mahomed Ayoob v. Shamdeo Gopiram, 34 C. W. N. 447 : (A. I. R. (17) 1930 Cal 774) is correctly decided ? 2. To appreciate the points in issue in this appeal it will be necessary shortly to set out the facts. By a contract indent No. 73 dated 13-12-1947, a firm known as Bubna More and Co. sold to the respondents in this appeal two lacs yards of American O. D. Cotton Merquisette Olive Colour 48" wide at Re. 1-1.6 per yard.
(3.) BY the contract the sellers were to deliver the goods to the buyers or their nominees as when released by the Textile Controller Calcutta, and the buyers were bound to accept delivery accordingly. The buyers were under an obligation to take delivery of the goods within a week from the date of receipt of an advice from the sellers failing which the sellers had the option of selling the goods in the open market on the buyers' account.;