PATIRAM BANERJEE Vs. KANKINARRA COMPANY LTD

JUDGEMENT

(1.) The plaintiff carries on business as a jute-broker under the name of S.N. Banerjee & Co., and he has brought this suit for a declaration that an award, dated the 14th February 1914, is invalid and inoperative, and for consequential relief. In the alternative, he seeks a decree for indemnity.

(2.) This award professes to have been made on a dispute between Messrs. Jardine, Skinner & Co., Managing Agents, Kankinarra Co., Limited, and Messrs. S.N. Banerjee & Co., with reference to a claim for damages for non-delivery of 250 bales jute bought and sold under contract No. D/2382 of 2nd Jane 1913.

(3.) The bought note was in these terms: No. D/2382. Indian Jute Manufacturers Association. Jute Contract. Calcutta, 2nd June 1913. Messrs. Jardine, Skinner & Co. Agents, Kankinarra Jute Mills Co., Ld. Dear Sirs, We have this day bought by your order and for your account from our principals (Here follows a description of the jute and provisions not material at this stage). Arbitration.--Any dispute arising out of this contract shall be referred to the arbitration of the Bengal Chamber of Commerce, whose decision shall be accepted as final and binding on both parties to this contract. Yours faithfully,(Sd.) S.N. Banerjee & Co.Brokers.