- (1.) This appeal is directed against a judgment and order dated August 4, 1966, dismissing the appellant's application for setting aside an award made by The Bengal Chamber of Commerce and Industries.
(2.) The appellant entered into a contract with the respondent for the purchase of 4 lacs heavy cess cement bags at Rs.130/- per bags. Delivery at the rate of 1,00,000 pieces was to be given on four different dates namely March 7, 1962, March 15, 1962, March 22, 1962 and with regard to the last instalment no date was fixed but it was to be made in March, 1962. The appellant dispatched for shipping instructions on February 28, 1962, March 1, 1962, March 5, 1962 and the last one being dated only March 1962 for dispatch of the goods. By three letters dated March 9, 1962, the appellant cancelled the shipping instructions, and applied for supply for lorry passes. On April 2, 1962, the appellant wrote to the respondent alleging failure on the latter's part to tender the goods on the stipulated dates. On April 11, 1962, he respondent issued inspection challans for the entire consignment of 800 bales. The appellant accepted the inspection challans but accepted only 267 bales. On June 19, 1964, the respondent referred the dispute to the arbitration of the Bengal Chamber of Commerce & Industries who on July 11, 1964 informed the appellant that the respondent had referred the dispute. By three letters dated July 18, 1964, July 31, 1964, and August 11, 1964, the appellant requested The Bengal Chamber of Commerce to extend the time to submit its statement. On December 9, 1964, the Tribunal of Arbitration held a meeting, and on the same date an award was made. The copy of the award was forwarded to the appellant on December 14, 1964, and the award was filed in Court on April 21, 1964. On May 31, 1965 the appellant made an application for setting aside the award, which was dismissed with costs by an order dated August 4, 1966. It is this order which is the subject-matter of this appeal.
(3.) The principal ground of attack on the award in this appeal was that under the terms of the agreement between the parties there were four separate contracts, and therefore there should have been separate references and that four different Courts should have been constituted and four awards made on the basis of the four references. Mr. B. N. Sen counsel for the appellant contended that as The Bengal Chamber of Commerce failed to treat the dispute between the parties as disputes arising out of four separate contracts and also failed to constitute four different Courts and as the Arbitrator made only one award, there was misconduct in the proceedings, and the award should for that reason, be set aside. In order to appreciate this contention it is necessary to refer to the relevant terms in the contract which is as follows :- ?4. Delivery of the said goods is to be given and taken as follows:- JUDGEMENT_13_CALLT1_1970Html1.htm Each delivery under this contract shall be treated as separate contract.? ;