MURARKA PAINT VARNISH WORKS LTD Vs. S N TEBRIWALLA AND COMPANY

JUDGEMENT

(1.) This is an application to set aside and declare void an award.

(2.) By an agreement dated October 6, 1951, the Petitioner appointed the Respondent as banian for sale of its products for a period of ten years certain. Clause 15 of the contract contains an arbitration clause which is as follows:

(3.) By a notice dated June 12, 1952, the Petitioner cancelled the contract. Thereupon disputes arose between the parties. The Respondent appointed Sri Jitendra Nath Banerjee, a pleader, as arbitrator and the Petitioner appointed Pundit Ajoy Singh, advocate, as its arbitrator. The two arbitrators appointed Sri Basanta Lal Murarka as umpire. The Respondent claims Rs. 2,97,000 and a further sum of Rs. 34,800 as losses and damages for wrongful breach of contract by the Petitioner.