Judgement

Consolidated appeals from a judgment and six orders of the Court of the Judicial Commissioner of Sind (April 16, 1918) reversing six orders of the Additional Judicial Commissioner.

In each of the consolidated appeals the respondent firm had brought a suit against the appellant firm to recover damages for a failure to deliver cotton under a contract of sale and purchase. The contracts were made on the printed form of the Karachi Indian Merchants’ Association and contained a clause referring any dispute arising out of the contract to the arbitration of two members of the above-named Association under the Indian Arbitration Act, 1889, it being provided that if the arbitrators should

Law. Rep. 47 Ind. App. 124 ( 1919- 1920) Ramchand Manjimal V. Goverdhandas Vishindas Ratanchand

disagree the dispute should be referred to an umpire nominated by them, and if they failed to agree on an umpire one should be nominated by the managing committee of the Association.

Upon application by the appellants the Additional Judicial Commissioner stayed the suits under s. 19 of the Indian Arbitration Act.

The Court of the Judicial Commissioner, in its appellate jurisdiction, reversed the order.