ARTHUR AND CO Vs. SHAMJI KALIDAS AND CO

JUDGEMENT

(1.) THIS is an appeal against the Judgment and Order of Madon, J. dated 26th February 1968 granting the respondents' application and directing that the Contract dated 9th December 1964 between the appellants and the respondents be filed in Court under Section 20 of the Arbitration Act, 1940 and that all disputes arising between the parties, including the claim of the respondents against the appellants under and in respect of the said contract be referred to arbitration according to the bye-laws of the East India Cotton Association Ltd. so that the necessary steps under the said bye-laws may be taken to have the said disputes settled by arbitration as provided by the said bye-laws, the East India Cotton Association Ltd. is herienafter referred to as "e. I. C. A. Ltd. ".

(2.) BY that Contract the respondents agreed to sell to the appellants and the appellant agreed to buy from the respondents 200 bales if Egyptian cotton to be shipped during January / February 1965 on certain terms and conditions contained in that Contract. One of the terms of the Contract provides :-"this contract is subject to the bye-laws of the East India Cotton Association Ltd. , Bombay. . . . . . . "

(3.) THERE is no dispute that the bye-laws of the E. I. C. A. Ltd. have become incorporated into the said Contract. The appellants' contention, however, is that only such bye-laws as are capable of applying to the said Contract and the disputes between the parties can apply. There is no dispute that there are several provisions in the bye-laws which provide for arbitration. The only dispute is whether any of such provisions about arbitration is applicable to the present case.