LAWS(PVC)-1906-3-14

RAM NARAIN GUNGA BISSEN Vs. LILADHUR LOWJEE

Decided On March 23, 1906
RAM NARAIN GUNGA BISSEN Appellant
V/S
LILADHUR LOWJEE Respondents

JUDGEMENT

(1.) This is an application under the Indian Arbitration Act to file an award, which is opposed by the person against whom the award has been given.

(2.) Liladhur Lowjee, the opposite party, contracted to sell a certain quantity of corn sacks to the applicants. He did not deliver these goods. It is admitted that the contract, which was by bought and sold notes, was entered into and there is no question as to the parties being ad idem. What the opposite party says is that there was a contract, but that it had subsequently been cancelled. This is denied.

(3.) Now Clause 12 of the contract contains a provision under which any dispute arising on or out of the contract should be referred to arbitration under the rules of the Bengal Chamber of Commerce and that the decision of the Chamber should be accepted as final and binding on both parties to the contract. That clause further provides that the award may at the instance of either party and without any notice to the other of them be made a Rule of this Court.