( 1 ) THIS is an appeal from the judgment of G. K. Mitter, J. dismissing the plaintiff's suit for a declaration that certain jute contracts and the relative Arbiration agreements contained therein are void and unenforceable, that the awards made thereupon are void and unenforceable, that such awards be taken off the file and for perpetual injunction restraining the defendants, their servants and agents from enforcing the award or taking any steps thereunder.

( 2 ) THE plaintiff appellant is the seller and the defendant respondent is the buyer of certain jutes. The plaintiff is a partnership and the defendant is a limited company. Under four different contracts, two dated 28-7-1947 and the other two dated 5-9-1947, the plaintiff agreed to sell certain bales of jute to the defendant at rates and prices mentioned in such contracts; the Port of delivery was Genoa, Italy, and the stipulated time for shipment under the first two contracts was from September to November, 1947 and under the last two contracts was from December, 1947 to January, 1948. The contracts were made through the exchange o usual Bought Notes.

( 3 ) THE plaintiff supplied certain bales but not a