REGENT COMPUTRONICS PVT. LTD.

DWARKADAS AND CO. Appellant

V/S

DALURAM GOGANMULL Respondents

Referred Judgements :-

PIGGOTT V. STRATTON [REFERRED TO]
GRAY V. CARR [REFERRED TO]
ASH-FORTH V. REDFORD [REFERRED TO]
ALEXANDER V. VANDERZEE [REFERRED TO]
PORTEAS V. WATNCY [REFERRED TO]
GARDNER V. TRECHMANN [REFERRED TO]
THOMAS AND CO. LTD. V. PORT SEA STEAMSHIP CO. LTD. [REFERRED TO]
HAMILTON AND CO. V. MACKIE AND SONS [REFERRED TO]
SERRAINO AND SONS V. CAMPBELL [REFERRED TO]
G.SCAMMELL AND NEPHEW,LIMITED V. H.C.AND J.G. OUSTON [REFERRED TO]
DIEDERICHSEN V. FARQUHARSON BROTHERS [REFERRED TO]
CHAITRAM RAMBILAS V. BRIDHICHAND KESRICHAND [REFERRED TO]
TEMPERLEY STEAM SHIPPING CO. V. SMYTH AND CO. [REFERRED TO]
HEYMAN V. DARWINS LTD. [REFERRED TO]
CHATTURBHUJ CHANDANMULL V. BASDEODAS DAGA [REFERRED TO]
LOUIS DREYFUS AND CO VS. R A ARUNACHALA AYYA [REFERRED TO]
HAJI VALI MAHOMED AYOOB VS. SHAMDEO GOPIRAM [REFERRED TO]
EMPEROR VS. TAZEM ALI [REFERRED TO]

JUDGEMENT

(1.) THIS appeal was referred to a Full Bench for decision by a Bench of this Court by an order dated 5-4-1949. In the referring order two questions are propounded, namely, 1. In the circumstances of this case was the arbitration clause contained in the contract between Bubna More and Co. and the respondents imported into the contract made between the respondents and the appellants ?

(2.) WHICH of the two decisions, namely, Chatturbhuj Chandunmull v. Basdeodas Daga, 47 Cal 799 : (A. I. R. (8) 1921 Cal 767) and Haji Vali Mahomed Ayoob v. Shamdeo Gopiram, 34 C. W. N. 447 : (A. I. R. (17) 1930 Cal 774) is correctly decided ? 2. To appreciate the points in issue in this appeal it will be necessary shortly to set out the facts.

(3.) BY the contract the sellers were to deliver the goods to the buyers or their nominees as when released by the Textile Controller Calcutta, and the buyers were bound to accept delivery accordingly. The buyers were under an obligation to take delivery of the goods within a week from the date of receipt of an advice from the sellers failing which the sellers had the option of selling the goods in the open market on the buyers' account.

Click here to view full judgment.

DWARKADAS AND CO Vs. DALURAM GOGANMULL

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address