Bose, J. - (1.)THIS application for selling aside an award has been referred under Chapter V, Rule 2 of the Original Side Rules of this Court for decision by a Special Bench.
(2.)THE only questions which arise for determination in this case are whether the claim of the respondent was barred by limitation on the date of the commencement of the arbitration, and if so whether the arbitrators misconducted the proceedings by entertaining such a claim.
It appears that by a contract concluded by the exchange of a Bought note and a Sold note both dated 12-3-1951 the petitioner agreed to sell to the respondent and !he respondent agreed to buy from the petitioner 20000 pieces of D. W. Flour bags of certain specifications contained in the said Notes at Rs. 237/- per 100 bags F. O. R. Katihar -- delivery R/R 15-4-1951.

(3.)THE contract contains an arbitration clause which may be set out hereunder:
"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 referred to the arbitration of the Bengal Chamber of Commerce and Industry under the rules of its Tribunal of Arbitration for the time being in force and according to such rules the arbitration shall be conducted".