CLIVE MILLS LTD Vs. SWALAL JAIN

JUDGEMENT

(1.) THE Arbitrators of the Bengal Chamber of Commerce have stated a special case for the opinion of this Court under Section 13 (b) of the Arbitration Act, 1940. This was Case No. 859 of 1955, between Clive Mills Co. Ltd. v. Swalal Jain, before the Arbitrators. THE dispute between them arose under a jute contract dated the 7th July 1954, whereby the buyer Clive Mills Co. Ltd., agreed to purchase from sellers Swalal Jain, 20,000 maunds of Mymensingh and/or Couripur and/or Bhairab (Pakistan) bottom jute at the rate of Rs. 24 per maund on the terms and conditions stated in the usual form of bought note in the Indian Jute Mills Association, a copy of which has been annexed with the Arbitrators" statement of the case. THE major part of the contract has been performed by delivery of 19,004 maunds of jute. THE dispute that went before the Arbitrators relates to the small balance of 596 maunds. THE buyers claimed Rs. 11,324 in respect of this balance of jute and submitted their claim before the Arbitrators.

(2.) THE Arbitrators say that the seller had requested them to state a special case to the Court on the point whether the said contract had been frustrated. But the Arbitrators in stating the questions of law for the opinion of the Court have not confined themselves to that particular point but have stated four questions on which Court's opinion is sought. (2a) THE questions asked by the Arbitrators are:--

(3.) WHETHER or not in the facts and circumstances as found by the Arbitrators as hereinbefore stated, the said contract in respect of the undelivered jute was frustrated? 3. From a perusal and analysis of the special case stated for die opinion of the Court, it appears that the following facts have been found by the Arbitrators:--