JUDGEMENT
Harries, C.J. -
(1.) THESE are three connected appeals from an order and two decrees of Sinha J. By the said order Sinha J. dismissed two applns. to set aside awards made by the Bengal Chamber of Commerce and made two decrees in favour of the resps. in terms of the two awards.
(2.) THE parties to these three appeals entered into two contracts for the sale and put chase of certain jute materials. By contract no. 130 of 15-2-1946 the applts. agreed to sell to the resp. 3,60 000 B Twill gunny bags at Rs. 64-4 0 per hundred bags. Delivery was to be made by equal instalments in the months of July, August and September.
By a second contract No. 131 of 16-2-1946 the applts. agreed to sell to the reaps. a similar quantity of B Twill gunny bags at Rs. 64-4-0 per hundred bags. The terms relating to delivery were similar to those in contract No. 130. Bach of these contracts contained an arbitration clause which is in these terms :
"All matters, questions, disputes, differences and/or claims arising out of and or concerning and or in connection with and/or in consequence of or relating to this contract whether or not the obligations of either or both parties under this contract be subsisting at the time of such dispute and whether or not this contract has been terminated or purported to be terminated or completed shall be refd. to the arbitration of the Bengal Chamber of Commerce under the rules of its Tribunal of Arbitration for the time being in force and according to such rules the arbitration shall be conducted."
(3.) ON 9-3-1946, it was agreed between the parties that only 90,000 bags per month should be delivered under contract No. 131. The applts. apparently paid the resp the damages in respect of the remaining 30,000 bags per month which they could not deliver.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.