CHAKRAVARTTI, CJ.

( 1 ) THIS is an appeal from an order of P. B. Mukharji J. , dated the 14th June, 1957, dismissing the appellant's application for setting aside an award made against it by the Bengal Chamber of Commerce and Industry. The learned Judge delivered no judgment, but it appears from the minutes that he relied upon an earlier judgment of his own, delivered in Award Case No. 27 of 1956. We have had that judgment brought up before us and have acquainted ourselves with the reasons which influenced the learned Judge in coming to the decision arrived at by him.

( 2 ) THE appellant was the seller under a contract dated the 7th of September, 1955, entered into with the respondent for the sale of 750 bales of jute cuttings or Pakistan. Jute cuttings are raw jute. The delivery of the goods was spread out over three months, 250 bales being deliverable in October, 1955 and equal quantities in November and December following. The appellant did not deliver any goods and pleaded as an excuse for the nonperformance of the contract that interference by the Government of East Pakistan bad made performance impossible. The respondent would not listen to that plea and in due course it su

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