HANUTMULL BOID Vs. FATEHCHAND MURLIDHAR

JUDGEMENT

(1.) THIS is an appeal against an order of Bachawat J. dismissing an application to set aside an award of the Bengal Chamber of Commerce.

(2.) BY a contract No. 3641 dated 8-2-1946 the respondent Fateh Chand Muralidhar sold 12 lacs yards of Hessian cloth to S. Debi Dutt and Co., delivery March to June, 1946. BY a contract No. 3637 also dated 8-2-1946 the respondent sold 6 lacs yards of Hessian cloth to Section Debi Dutt and Co., delivery April to June, 1946. BY another Contract No. 3637 also dated 8-2-1946 S. Debi Dutt and Co. sold 6 lacs of Hessian cloth to the appellant. BY a Contract No. 3662 dated 22-3-1946 the appellant sold back these goods to S. Debi Dutt and Co. The last two contracts were set off against each other and the difference in price became payable by S. Debi Dutt and Co. The respondent delivered to S. Debi Dutt and Co. the March portion of Contract No. 3641 on 25-3-1946 and the April portion thereof on 24-4-1946. The respondent entered into contract No. 155 dated 25-4-1946 and Contract No. 158 dated 29-4-1946 with the appellant through broker Sohonlal Hirawat. BY the said contracts the respondent bought 2 lacs yards of Hessian and 4 lacs yards of Hessian respectively from the appellants. Both the said contracts contained the usual arbitration clause for reference of the disputes to the Bengal Chamber of Commerce. It is said that the said two contracts being contracts Nos. 155 and 158 were entered into by the respondent in order to enable it to implement its contract of sale No. 3637 to S. Debi Dutt and Co. The appellant asked the respondent to take delivery of the 2 lacs yards of Hessian under Contract No. 155 from S. Debi Dutt and Co. alleging that the said goods were deliverable by S. Debi Dutt and Co. under Contract No. 3637 and wrote a similar letter to S. Debi Dutt and Co. S. Debi Dutt and Co. denied that any goods were deliverable to the appellant and alleged that Contract No. 3637 was settled by Contract No. 3662. The respondent however delivered to S. Debi Dutt and Co. the April portion of Contract No. 3637 on 29-4-1946 and May portion thereof on 24-5-1946. The respondent by its letter dated 13-6-1946 demanded delivery of the outstanding goods from the appellant under contracts Nos. 155 and 158. The appellants pleaded inability to deliver the goods on the ground that they had not received the goods from S. Debi Dutt and Co.

(3.) ON 21-3-1949 the respondent referred to the arbitration of Bengal Chamber of Commerce their claim under contract No. 155 against the petitioner for non-delivery and claimed Rs. 24,000/-. In their statement of claim filed before the arbitrators the respondent 'inter alia' pleaded as follows :