BEJOY SINGH Vs. BILASROY AND CO

JUDGEMENT

(1.) THIS is an appln. for setting aside an award of the Bengal Chamber of Commerce.

(2.) BY a contract dated 10-5-1946, the petnr. Bejoy Singh Karnwat agreed to sell to the resp. Bilasroy and Co., 45,000 bags B Twills delivery July to September 1946 at Rs. 66-12-0 per 100 bags. The contract is on the standard Indian Jute Mills Asscon. contract form which contains the following arbitration clause :

(3.) ON 1-10-1946, the resps", buyers sent a letter to the resps, intimating that on that day the goods had been bought in the open market at Rs. 78-4-0 per 100 bags. ON 7-10-1946 the resp. communicated the substance of this letter to the petnr. ON 7-10-1946 the resp's. buyer sent to the resp. a bill for Rs. 5,175 on the basis of the difference between the contract price and the price of repurchase on 1-10-1946 and asked for payment of that bill. The resps. in their turn on 18-10-1946 sent to the petnr a bill for the identical sum on the same basis and requested the petnr. to pay the bill. No reply was sent by the petnr. to any of these letters, nor was any payment made of the difference bill.