K.C.DAS GUPTA, R.S.BACHAWAT
BHAGWATI PROSAD HARLALKA – Appellant
Versus
KAMALA MILLS LTD. – Respondent
( 1 ) THE main question for decision in this appeal against an order of Ray, J. , allowing an application, under Section 34 of the Arbitration Act for the stay of a suit, is whether the agreement as contained in the arbitration clause in the contract, in respect of which the suit was brought, is void and unenforceable because of vagueness and uncertainty. The clause is in these words :"all disputes and questions whatsoever which shall arise between the parties hereto out of or in connection with this agreement or as to the construction or application thereof or the respective rights and obligations of the parties hereunder or as to any clause or thing herein contained or any account or valuation to be made hereunder or as to any other matter in any way relating to these presents shall be referred to arbitration in accordance with the rules of the Miliowners' Association. Bombay, for the time being in force regulating arbitrations with respect to piecegoods. "according to the plaintiff who resisted the application for stay, the agreement was void for uncertainty the uncertainty being the result of the use of the words in the concluding portion of the clause, namely
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