UNION TEXTILE TRADERS Vs. BHAWANI COTTON MILLS LIMITED

JUDGEMENT

(1.) THIS is an appeal by special leave from a judgment of the Calcutta High Court dismissing a petition filed under Section 33 of the Indian Arbitration Act, hereinafter called the Act.

(2.) A contract was entered into between appellant and the respondent on 28/01/1964 for sale of 200 bags of Cone yarn. The contract inter alia contained the following terms and conditions:

(3.) THE main emphasis before us has been laid by learned counsel for the appellant on R. III of the Rules of Arbitration of the Indian Chamber of Commerce which, according to him, comes into conflict with the provisions of the Act. That Rule provides that the Tribunal shall consist of such persons as may be selected by the Committee of the Chamber from time to time. Sub-Rule (3) reads: