Judgment

GROVER, J.: This is an appeal by special leave from a judgment of the Calcutta High Court dismissing a petition filed under S. 33 of the Indian Arbitration Act, hereinafter called the Act.

2. A contract was entered into between appellant and the respondent on January 28, 1964 for sale of 200 bags of Cone yarn. The contract inter alia contained the following terms and conditions:

"(a) In case of any dispute arising out of this contract the matter in dispute shall be referred to the arbitration of the Indian Chamber of Commerce whose decision shall be binding on both the parties.

(b) The Court at Calcutta alone and no other court whatsoever shall have jurisdiction to entertain and try suits in respect of any claim or disputes arising out of or under this contract or in anyway relating to the same". Certain disputes arose between the parties relating to the supply of goods and the respondent demanded a payment of Rs. 25,658-90 as price of the goods alleged to have been supplied. The appellant maintained that the said goods were not according to the contract and had been rightly rejected.

3. The appellant did not happen to be a member of the Indian Chamber of Commerce, Calcutta, wh