Judgement

Appeal (No. 78 of 1921) from a judgment and decree of the High Court in its appellate jurisdiction (December 13, 1920) reversing a decree of that Court in its original civil jurisdiction (March 15, 1920).

The respondent firm brought a suit in the High Court against the appellant firm claiming (a) a declaration that eleven awards of an arbitrator dated September 28, 1916, purporting to be made under eleven contracts for the sale of jute by the respondent firm to the appellants were void; (b an injunction restraining the appellants from withdrawing the sum of Rs.68,574, or any part thereof, from the sheriff ; (c) a declaration that the plaintiffs were entitled to a refund of the said sum. There was also a claim to damages, which was given up.

The circumstances in which the suit was brought fully appear from the judgment of the Judicial Committee.

The suit was tried by Ghose J. and was dismissed. On appeal that decision was reversed, the learned judges (Sanderson C.J. and Richardson J.) being of opinion that the appellants were not entitled to proceed under s. 9 (b) of the Indian Arbitration Act, since the submission contained in the contracts showed an intention differing f