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1969 Supreme(Cal) 49

S.C.GHOSH
SOORAJMULL NAGARMAL – Appellant
Versus
GOLDEN FIBRE AND PRODUCTS – Respondent


Advocates Appeared:
B.M.BAGARIA

S. C. GHOSE, J.

( 1 ) THIS is an application by the petitioner, inter alia, for setting aside or revocation of the decree dated November 25, 1968; upon the said decree being set aside, for setting aside of the Award dated June 4, 1968 passed by the Bengal Chamber of Commerce and Industry in case No. 210 of 1967. The petitioner is partnership firm and carries on business under the name and style of Shree Hanuman Jute Mills. The petitioner in the name of the said jute mills agreed to purchase from the respondent and the respondent agreed to sell to the petitioner on March 5, 1965 Siam Mesta Habijabi (1964-65 crop) of 100 tons (1016 Kg) at Rs. 156 per bale of 400 Ibs, gross delivery Mill jetty. A letter dated March 5, 1965 written by the respondent confirming the sale of the said goods and recording the terms and conditions of such sale has been annexed as Annexure "a" to the petition. The said contract between the parties contains an arbitration clause which is set out hereunder: "arbitration -- Bengal Chamber of Commerce and Industry, Claims, if any, are to be lodged within 3 days of the arrival of the parcel at the mills".

( 2 ) THE respondents delivered the contracted goods to t






















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