BIMAL CHANDRA BASAK, J. - (1.) THIS appeal is directed against an order passed by learned trial Judge whereby the application made by the appellant herein for setting aside the award passed by the Tribunal of Arbitration of the Bengal Chamber of Commerce and Industry was dismissed. FACTS
(2.) THE brief facts of this case are as follows : THEre was an agreement between the appellant and the respondent whereby the respondent agreed to sell to the appellant lime stone from the existing mines of the respondent at Satna Siding at Satna in Madhya Pradesh. Clause 19 of the said agreement provided an arbitration clause which is as follows :- "19 Arbitration, should any dispute or difference arise between the parties in regard to the construction, effect or meaning of anything in this agreement, such difference will be referred to the Tribunal of Arbitration of the Bengal Chamber of Commerce and the decision of such Tribunal shall be binding on the parties and the provisions of the Indian Arbitration Act will govern such Arbitration."
(3.) DISPUTE and differences arose between the appellant and the respondent. By a letter dated 26/12/1983 the respondents herein requested the Bangal Chamber to form a Tribunal of Arbitration to enter into the reference and to arbitrate over the disputes between the parties regarding the escalation in price of limestone supplied to M/s. Indian Iron and Steel Co. Ltd. during the year 1980 and 1981 and its payment. By a letter dated 4/01/1984 the Tribunal of Arbitration of the Bengal Chamber informed the respondent to submit the statement of claim along with other papers and documents referred to herein.;