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1958 Supreme(Cal) 77

P.B.CHAKRAVARTTI, S.C.LAHIRI
BARANAGORE JUTE FACTORY CO. LTD. – Appellant
Versus
HULASCHAND RUPCHAND – Respondent


Advocates Appeared:
P.P.Ginwalla, R.C.DAS

P. CHAKRAVARTTI, C. J.

( 1 ) THIS is an appeal from a judgment and order, dated 7th March, 1955, of Bachawat, J. , who has rightly observed that the case involves certain important questions of arbitration law. Those questions, some of which concern particularly arbitrations by the Bengal Chamber of Commerce and Industry, have arisen in the following way.

( 2 ) BY a contract entered into on 9th February, 1953, the appellant, The Baranagore Jute Factory Co. Ltd. , agreed to buy and the respondent, Messrs. Hulaschand Rupchand, agreed to sell a certain quantity of jute of certain specifications. The contract contained an arbitration Clause in the standard form prescribed by the Indian Jute Mills Association and provided inter alia that all disputes and claims"shall be referred to the arbitration of the Bengal Chaniber of Commerce and Industry under the rules of its Tribunal of Arbitration for the time being in force and according to such rules the arbitration shall be conducted"'. In addition to that general provision, the contract also contained certain special provisions regarding arbitration on claims relating to the quality or the condition of the goods. Clause 10 (2) of the con

































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