P.B.Mukharji, J. - (1.) THIS is an application by Pushraj Puranmal to set aside award No. 575 of 1958 in Case No. 438 of 1958, dated 21-8-1958 made by the Bengal Chamber of Commerce and Industry.
(2.) THE only ground on which the award has been challenged before me appears in paragraph 29 of the petition. Briefly that objection is that this award proceeds on the basis of two previous awards which have not been filed and on which court's pronouncement has not been obtained. It is then said that the said two previous awards are bad but because those awards had not been filed in court the petitioner could not have them set aside by the court. THErefore, it is contended first that the arbitrators did not have any jurisdiction to decide upon the basis of the previous awards and secondly that to allow judgment to be pronounced on this present award in dispute will virtually enable the respondent to enforce unfiled awards upon which no judgment of the court has been pronounced. It is also pleaded in that paragraph that the petitioners will in future take steps to have these two previous awards set aside as soon as the same would be filed in Court. Finally it is contended that once an award is made the whole arbitration agreement merges in the award and therefore no fresh reference on the same arbitration agreement and no fresh award thereupon can any longer be made. Before discussing these arguments and deciding the points of objection, I shall briefly state the few relevant facts leading to this dispute.
(3.) THIS was a contract by which the petitioner agreed to sell and deliver to the respondent 500 bales of jute cuttings on terms and conditions of the written contract, being Contract No. 37 dated 4-6-1957. It contains the usual arbitration clause. Clause 14 of this contract provides as follows : "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 including matters relating to insurance and demurrage 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 and any Award made by the said Tribunal under this clause shall be final, binding and conclusive on the parties.";