Bose, J. - (1.) This is an appeal from a judgment and order of P. B. Mukharji J. passed in a proceeding to enforce certain Foreign Awards under the provisions of the Arbitration (Protocol and Convention) Act, 1937.
(2.) The appellant firm which carries on business at Calcutta, sold to the respondent company having its registered office and principal place of business at Plantation House, Mincing Lane, in the city of London, various quantities of reptile skins under eight several contracts entered into between June 1951 and February 1952 and bearing Nos. 789, 884, 909, 920, 921, 926, 938 and 947. Disputes and differences having arisen between the parties in July 1952 as to the quantity and quality of the goods supplied, the differences were referred to arbitration in terms of the arbitration clause contained in the contracts. The arbitration clause was as follows: "Failing amicable settlement any dispute arising out of this contract to be settled by arbitration in London in the usual manner. Arbitrators and Umpires to be persons engaged in the trade and their decision to be final and binding on all concerned."
(3.) The case of the appellant however is that the arbitration clauses in the contracts Nos. 938 and 947 had been deleted from the original contracts before the same were signed and so there was no arbitration agreement governing these two contracts. The respondent's case on the other hand is that no such deletion ever took place and these two contracts like the other contracts contained the usual arbitration clause. The fact however remains that arbitration was held in London with regard to the disputes which had arisen, in the presence of two arbitrators, one nominated by each side. The Arbitrators differed, and as they could - not also agree as to the appointment of an Umpire, the respondent had to institute proceeding in the Court in London for the appointment of an Umpire, and the learned Master appointed one Mr. Croft as such Umpire. On 6th November, 1953 the Umpire made nine awards in favour of the respondent for the aggregate sum of 12725-9-8d being the equivalent of Rs. 169968/3/- in Indian currency. Thereafter on 3rd September 1954 the respondent company's solicitors took out a Notice of motion from this Court for an application for filing the said Awards in this Court and for judgment in terms of the said Awards. On 28th June 1956 P. B. Mukh-arji'J. made an order for filing of the said Awards in Court, and the learned judge also pronounced judgment in terms of the said Awards. It is against this order and judgment of the learned judge that the present appeal has been preferred.;