CHAGLA, C.J.:- This is an appeal from a judgment of the Principal Judge of the City Civil Court, setting aside an award on a petition made for that purpose by the opponents. On 7-11-1951, the appellant was employed by the respondent as a pucca adatia to effect certain transactions in groundnuts, linseed, castor seeds and gold. On 26-2-1952, two transactions of purchase were outstanding. One was of 300 tons of groundnuts and the other was of 25 tons of linseed. Both these were forward transactions for April-May delivery. The case of the respondent was that he gave instructions to the appellant to close the transaction on 26-2-1952.

In fact the appellant closed it on 5-3-1952, and his allegation was that he was asked to close the transaction on that date. As a result of the closing of the transaction on 5-3-1952, certain amount became due by the respondent to the appellant. In respect of this a dispute arose and dispute was referred to arbitration under the provisions of the Bombay Oil Seeds Exchange, Ltd. The arbitrator made his award on 7-10-1952, awarding to the appellant about Rs.22,000. This award was filed in the City Civil Court, and the respondent filed a petition to