Judgment

Fazl Ali and Patanjali Sastri J, J. :- This is an appeal from a judgment of a--- Bench of the High Court of Judicature at Calcutta in West Bengal, reversing the decision of a Single Judge of that Court, who had refused to set aside an award given by the arbitration tribunal of the Bengal Chamber of Commerce on a submission made by the respondents. The facts of the case are as follows.

2. On 25-1-1916, the appellants entered into a contract with the respondents for the sale of 5,000 maunds of jute, which was evidenced by a "sold note (Ex. A), which is in the form of a letter addressed to the respondents, commencing with these words : "We have this day sold by your order and for your account to the undersigned, etc." The word "undersigned" admittedly refers to the appellants, and, at the end of the contract below their signature, the word "brokers" is written. On the same day, a "bought note" (Ex. B) was addressed by the appellants to the Bengal Jute Mill Company, with the following statement : "We have this day bought by your order and for your account from the undersigned, etc. In this note also, the word undersigned refers to the appellants, and, underneath their