Judgement

Consolidated Appeals (No.73 of 1921, and No.16 of 1922) from decree of the High Court in its appellate jurisdiction (July 29, 1919, and November 20, 1919) each reversing an order of the Court in its original civil jurisdiction.

The consolidated appeals arose out of petitions in the High Court to set aside two awards of arbitrators dated respectively September 23, 1918, and March 10, 1919.

The awards were made upon claims by the appellants, Champsey Bhara & Co., to damages for the rejection of cotton delivered under contracts expressed to be subject to the rules and regulations of the Bombay Cotton Trade Association. The facts sufficiently appear from the judgment of the Judicial Committee.

A petition to set aside the first award was rejected by Pratt J., but upon appeal the award was set aside. The appeal is reported at I. L. R. 44 B. 780. Shortly stated the learned judges (Macleod C.J. and Heaton J.) held that the terms of the contracts were so referred to in the award that the Court could take cognizance of them, that upon the true construction of r. 52 of the Associations rules the respondents had the option to reject the cotton without liability to damages, and that c