GAJANAND MASKARA Vs. SHAIK TALEB JALALUDDIN

JUDGEMENT

(1.) This is an appeal from the judgment of my learned brother Mr. Justice Greaves by the defendants in the action who traded under the name of Kaluram Nund Lall.

(2.) The suit was brought by the plaintiffs asking for a declaration to the effect that the plaintiff firm was not bound by the contract of the 8th of November 1916. The contract was made between the defendants and the plaintiffs through a firm called Ghaneshyam Dass and Co., the brokers, as I understand, purporting to act on behalf of both parties: and the contract was for the sale of a certain quantity of Hessian. Apparently, the market went down and the buyers, who are the plaintiffs in the case, refused to take delivery, and, a dispute arose. Thereupon, the defendants relied upon the arbitration clause in the contract, which was in the usual terms and provided that "any dispute whatsoever arising on or out of this contract should be referred to arbitration under the rules of the Bengal Chamber of Commerce", and so on.

(3.) The plaintiffs have brought this action in effect for the purpose of setting aside the contract, relying upon an allegation that whereas the brokers Ghaneshyam Dass and Co. purported to act as brokers, they were in fact identical with the defendants who were the sellers and that consequently the plaintiffs were not bound by the contract.