SHANKAR LAL LACHHMI NARAIN Vs. JAINEY BROTHERS

JUDGEMENT

(1.) This is a first appeal from an order of the learned District Judge of Cawnpore, by which he dismissed an application to set aside an arbitration award. The facts are these: Messrs. Jainey Brothers, the defendant-respondents, are importers of Manchester Piece goods carrying on business in Cawnpore. Messrs. Shankar Lal- Lachhmi Narain, the plaintiffs-appellants, are dealers in such piece goods. The importers belong to an association called the Delhi Piece goods Association. That association has drawn up a form of indent contract which dealers must sign before they can deal with" the importer-members of the association.

(2.) On 9 December 1923 Messrs. Shankar Lal-Lachhmi Narain, being desirous of buying certain cotton trouserings from Messrs. Jainey Brothers, signed the indent contract of the association, specifying two cases of cotton trousering at 1s. 10d. That indent contract contains a submission to arbitration in accordance with the Arbitration Act. It also pro-" Tides in Clause 15 that no claim nor dispute of any sort whatever can be recognized, if not made by us in writing within 60 days from duo date of payment.

(3.) On 10 December 1923 Messrs. Jainey Brothers wrote a letter referring to the above indent contract and said: We are glad to inform you that your above Indent at the limit of 1s. l0d. per yard has been accepted by us. Copy of your indent is sent herewith as usual.