- (1.) These seven revision applications are brought by a firm Messrs Parmeshwar Das Mehra and Sons of Amritsar (to whom I may refer hereafter as Mehra and Sons) against order made by the Sub Judge First Class, Amritsar. These orders were made upon seven applications made by the present respondents, who are firms or individuals of Amritsar trading in piece goods. These seven respondents had entered into separate contracts with Mehra and Sons for the supply by the latter of certain classes and quantities of American piece goods. The contracts, execution of which is not in dispute, were entered into a Amritsar on various dated between November 1946 and January 1947 and were contractors, C.I.F. Karachi, Shipments during January and February 1947 or earlier if possible. The contracts were signed by the various respondents on printed forms of Mehra and Sons. One of the printed terms was that the contracts were subject to necessary export and import licenses being granted. Another printed term, which provided for arbitration, was as follows - "All other terms and conditions as of Karachi piece goods contract. Any dispute or claim of whatever nature relating to or arising out of this contract, shall be referred to arbitration of two European Marchants engaged in the piece goods trade at Karachi, one to be appointed by each Party and in accordance with the provisions of the Indian Arbitration Act No. 10 of 1940."
(2.) Under the contracts payment of ten per cent of the price was made at the time of execution of the contracts.
(3.) In pursuance of the contracts delivery of goods at Karachi was offered by Mehra and Sons to the respondents. I have not been able to ascertain the dates of the various tenders. In all case tender was refused on grounds that the goods were not of the contract description and quantity, and that proper tender of shipping documents had not been made. The goods therefore, remained at Karachi, and I understand have now been sold there. In September, 1947 Mehra and Sons called upon the various respondents to refer the disputes under the contracts to arbitrator and nominated a Mr. Godbert of Karachi as their arbitrator. Respondents refused to proceed under the arbitration clause, and after service of notice upon Mehra and Sons filed applications under section 33 of the Arbitration Act challenging the validity and enforceability of the arbitration clause of the several contracts. It is from the orders passed upon these application that the present revision petitions are preferred.;