K.C.DAS GUPTA, H.K.BOSE
S. MOHD. NAIM MOHD. ALAM – Appellant
Versus
ROURAFFIC AND FAR EASTERN LTD. – Respondent
( 1 ) THIS is an appeal from a judgment and order of P. B. Mukharji J. passed in a proceeding to enforce certain Foreign Awards under the provisions of the Arbitration (Protocol and Convention) Act, 1937.
( 2 ) THE appellant firm which carries on business at Calcutta, sold to the respondent company having its registered office and principal place of business at Plantation House, Mincing Lane, in the city of London, various quantities of reptile skins under eight several contracts entered into between June 1951 and February 1952 and bearing Nos. 789, 884, 909, 920, 921, 926, 938 and 947. Disputes and differences having arisen between the parties in July 1952 as to the quantity and quality of the goods supplied, the differences were referred to arbitration in terms of the arbitration clause contained in the contracts. The arbitration clause was as follows:"failing amicable settlement any dispute arising out of this contract to be settled by arbitration in London in the usual manner. Arbitrators and Umpires to be persons engaged in the trade and their decision to be final and binding on all concerned. "
( 3 ) THE case of the appellant however is that the arbitration clauses
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