SE SE OIL Vs. GORAKHRAM GOKALCHAND

JUDGEMENT

(1.) This is an arbitration suit, filed in accordance with the provisions of the Arbitration (Protocol and Convention) Act, 1937, for filing of an award dated May 22, 1952, made by the Board of Appeal of the London Oil and Tallow Trades Association directing the respondents-defendants to pay 5,600 to the petitioners-plaintiffs and for a decree in terms of that award and interest and costs.

(2.) Apart from the further, facts to which I will have to refer whilst dealing with the contentions made by the parties the only facts which need be noticed are as follows:-

(3.) The defendants having failed to effect delivery the plaintiffs appointed their arbitrator in accordance with the provisions for arbitration in the association contract and the defendants also appointed their arbitrator. As the defendants arbitrator was unwilling to act, the association in accordance with its arbitration rules appointed one P. W. Jupe as the arbitrator of the defendants. The arbitrators having failed to agree appointed one J. S. Triggs as umpire. The umpire made his award dated March 25, 1952, awarding 2,600 to the plaintiffs.The defendants appealed against the award to the Board of Appeal of the Association.The Board of Appeal by their above award dated May 22, 1953, awarded to the plaintiffs the sum of 5,600 as damages for breach of contract.