CHANDANMULL JHALERIA Vs. CLIVE MILLS CO LTD

JUDGEMENT

(1.) These are ten connected appeals from judgments and orders of Das J., staying ten suits which had given rise to ten applications for stay.

(2.) The plaintiffs in the suits, who wore the respondents to the applications before the learned single Judge, had entered into forward contracts with the respective defendants in the suits, who were applicants before Das J., for sale of various quantities of jute upon the terms and conditions contained in the respective contracts, which were in the forms approved by the Indian Jute Mills Association. The time for delivery in most of the contracts was August to September, 1946, and in some it was during a period beyond September, 1946. All the contracts contained an arbitration clause. In Suits Nos. 42 and 43 of 1947 which gave rise to appeals Nos. 23 and 34 of 1947 the arbitration clause was in these terms: Any dispute whatsoever arising out of or in any way relating to this contract or to its construction or fulfilment, or payment, between the parties hereto and whether arising before or after the date of the expiration of this contract will be referred to the Arbitration of two persons one to be appointed by each party. The buyers, however, have the option of referring any dispute arising under or out of this contract for arbitration to the Bengal Chamber of Commerce in manner prescribed by the rules (then in force), of the said Chamber's Tribunal of Arbitration and according to such the arbitration shall be conducted throughout.

(3.) The eight remaining suits arose out of contracts which contained the following arbitration clause: All matter, questions, disputes difference, and/or claims arising out of and/or concerning and/or in connection with and/or in consequence of or relating to this contract, whether or not the obligations of either or both parties under this contract be subsisting at the time of such dispute and whether or not this contract has been terminated or purported to be terminated or completed shall be referred to the Arbitration of the Bengal Chamber of Commerce under the rules of its Tribunal of Arbitration for the time being in force and according to such rules the arbitration shall be conducted.