(1.) This is an appeal from a judgment of Mr. Justice Buckland whereby he refused to set aside an award of the Bengal Chamber of Commerce.
(2.) The facts, shortly stated, are as follows : On the 30 of April 1925 a contract was entered into between the appellant firm and the respondent firm whereby the appellant firm agreed to sell and the respondent firm agreed to buy 15,0031/2 maunds bales of Kishengunj jute, delivery to be given by August or September 1925. No delivery having been effected by the e September, 1925, the appellant firm asked on the 3 October 1925 for an extension of time for delivery up to the 31 October 1925. The respondent firm refused to agree to the extension asked for, but they stated that they were prepared to allow an extension of time up to the 10 of October 1925. The appellant firm did not see their way to accept the extension of time up to the 10 of October 1925, but it appears that on the 5 of October 1925 the respondent firm expressed their willingness to grant an extension of time for delivery up to the 31 of October 1925. The appellant firm, however, stated on the 9 of October 1925 that in the events which had happened they were not then keen on getting an extension of time.
(3.) On the 15 of October the respondents made out their bill and forwarded the same to the appellant firm. That bill was for a sum of Rs. 35,437-8-0 and it was made on the footing of the difference in the price of the goods contracted for between the contract rate and the market rate on the 15 of October 1925. The appellant firm did not pay the amount of the bill with the result that the respondent firm applied to the Bengal Chamber of Commerce for arbitration in terms of the arbitration clause contained in the contract. The matter then came before the Bengal Chamber of Commerce and on the 2 February, 1926 the Tribunal of Arbitration of the Bengal Chamber of Commerce made their award whereby they awarded the whole of the amount claimed by the respondent firm, i.e., Rs. 35,437-8-0 to the respondents with interest thereon and costs.