CHETANDAS DAGA Vs. RADHAKISSON RAMCHANDRA

JUDGEMENT

(1.) This is an appeal from a judgment of Mr. Justice Mirza by which he dismissed a petitition to set aside an award alleged to have been made by the Marwari Chamber of Commerce Ltd. in an alleged dispute between the petitioners and the respondents.

(2.) It appears that this Chamber of Commerce was incorporated on November 25, 1925, under the Indian Companies Act, but that the transactions between the parties in linseed were before that date; and further that certain hundies which were given by the petitioners to the respondents in an alleged settlement of those transactions were all payable before the date when the Chamber was incorporated. On the other hand there was before that date an unregistered Marwari Chamber of Commerce of which both the petitioners and the respondents were members.

(3.) The learned Judge took the view that the bye-laws of the old Chamber amounted to a compulsory provision for arbitration. On the evidence before the learned Judge we are of opinion that that is not the correct view. The bye-law in question is set out at p. 14 of the paper book and runs :- This sub-committee will decide upon the disputes between the members of this Chamber of all kinds such as in respect of hundies, letters, seed, wheat and cotton etc.