HARISING NEHAL CHAND Vs. KANKINARAH CO LTD

JUDGEMENT

(1.) This is an appeal against the judgment of Mr. Justice Rankin in the matter of an application to get aside an award.

(2.) On the 28th August 1919 the appellants agreed to sell to the respondents 5,000 bales of jute of what has been tailed the, Narainganj mark. The contract contained an arbitration clause in the following terms: Any dispute arising out of this contract shall be referred to tin arbitration of the Bengal Chamber of Commerce whose decision shall be accepted as final and binding on bath parites to this contrast."

(3.) The case for the appellants is that, between the 1st and 30th September 1919, they delivered to the buyers 2,494 bales of jute of the contract mark assortment and quality, which were received by them. The buyers were apparently not satisfied with the quality of the jute and on the 11th September 1919 referred the matter to the arbitrators without any notice to the plaintiff. On the 17th September 1919, the Registrar of the Arbitration Tribunal of the Chamber intimated to the appellants the objection taken by the buyers. On the next day, the appellants replied that they had received no complaint from the buyers and denied that there was any case for arbitration. After some correspondence, not material for the decision of the questions raised in this appeal, the Registrar sent the following letter to the appellants on the 6th November 1919: I am instructed by the Court which has been constituted to adjudicate on the above dispute to request you to select in conjunction with Messrs. Jardine Skinner & Co., Managing Agents, Kankinarrah Co., Ld., ten bales from the 1,275 bales in dispute, five bales to be selected by yourselves and five bales by Messrs. Jardine Skinner & Co. The bales must be here at 10 o clock on Saturday the 8th instant. Should you refuse or neglect to select your portion of the bales in time to enable Messrs. Jardine Skinner & Co., to send them here on the day and at the hour mentioned, Messrs. Jardine Skinner & Co, have been informed that they will be at liberty to select the whole ten bales themselves and send them here. You may identify the bales here at 10-30 A. M. on that day.