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1965 Supreme(Cal) 238

A.N.RAY
SHREE BHAWANI COTTON MILLS – Appellant
Versus
UNION TEXTILE TRADERS – Respondent


A. N. RAY, J.

( 1 ) FOUR questions have been canvassed on the notice of motion. First, that the arbitration agreement is vague. Secondly, that the rules of Indian Chamber of Commerce are illegal. Thirdly, that the Registrar, Tribunal of Arbitration, Indian Chamber of Commerce failed to exercise his discretion. Fourthly, that the arbitrators are guilty of misconduct.

( 2 ) THE petitioner and the respondent had dealings and transactions whereby the respondent sold and the petitioner bought certain quantities of Cone yarn. The contract contained inter alia the following provisions: (a) In case of any dispute arising out of this contract the matter in dispute shall be referred to the arbitration of the Indian Chamber of Commerce whose decision shall be binding on both the parties. (b) The Courts at Calcutta alone and no other Courts whatsoever shall have jurisdiction to entertain and try suits in respect of any claim or disputes arising out of or under this contract or in any way relating to the same.

( 3 ) COUNSEL on behalf of the petitioner contended that the arbitration agreement is vague because there are various Indian Chambers of Commerce and secondly Indian Chamber of Commerc










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