Judgment

HIDAYATULLAH, J. : This is an appeal (with certificate) by Messrs. Dhanrajamal Gobindram against a judgment of the Divisional Bench of the High Court of Bombay, by which a petition under S. 20 of the Indian Arbitration Act was held to be maintainable and the decision of the learned Judge (Original Side) who held otherwise, was reversed. The respondents are Messrs. Shamji Kalidas & Co. (a registered firm), who were the petitioners in the High Court.

2. The facts of the case are as follows: On October 24, 1957 Messrs. Dhanrajamal Gobindram (referred to as buyers, hereafter) entered into an agreement with Messrs. Shamji Kalidas & Co. (referred to as sellers, hereafter), for purchase of 500 bales of African raw cotton. The contract was in the form of a letter written by the sellers and confirmed by the buyers. The material portions of the letter, which bears No. SK/Bom/13/2014 and was stamped as an agreement, are as follows :

"We confirm having sold to you African raw cotton on the following terms and conditions subject to the usual Force Majeure Clause :

Description : ARBP 52 F. A. Q. Crop/58.

Quality : 500 (Five Hundred) bales.

Price : at Rs. 1401 nett pea candy CIF Bombay.

Paym