( 1 ) THIS is an appeal against an order made by Mitter, J. , dated 1st May, 1961 whereby he dismissed an application made on behalf of the respondent, under Section 14 (2) of the Arbitration Act for setting aside a decree made in terms of an award made in Case No. 249 of 1949 of the Tribunal of Arbitration, Bengal Chamber of Commerce. The facts are briefly as follows: The appellant before us, the petitioner in the said application, is a partnership firm, of which the partners are Sohanlal Ruia and Iswari Prosad Ruia. By a contract in writing No. 46/a dated 29th March 1946 entered into between the appellant firm and the respondent company, Messrs. Clive Mills, Co. Ltd. the appellant sold and the respondent bought, 2000 mda of jute on terms and conditions mentioned in the said contract, which was in the prevailing contract form of the Indian Jute Mills Association. The said contract contained the usual arbitration clause whereby all disputes and differences were to be referred to the arbitration of the Bengal Chamber of Commerce, according to the rules of its Tribunal of Arbitration for the time being in force. Disputes and differences having arisen between the parties in