CHAKRAVARTTI, C. J.

( 1 ) THIS is an appeal from a judgment and order of P. B. Mukharji, J. dated the 27th of June, 1956, whereby the learned Judge dismissed the appellant's application for setting aside the award made against it by the Bengal Chamber of Commerce.

( 2 ) THE appellant was the seller of a certain quantity of jute under a contract dated the 3rd of September, 1954, and the respondent was the purchaser. Shipment or despatch by rail of the goods was to be between the 3rd of September and October 1954. The appellant's case is that there was a fire and that it was unable to despatch the jute within the stipulated time and that although it appealed to the respondent for some extension of the time within which the contract might be performed, no extension was granted. The respondent then made a claim for Rs. 24,500/- as the difference between the market price and the contract price of the jute concerned on the date of the breach, but the appellant refused to pay the same. A dispute having thus arisen, the respondent referred it to the arbitration of the Bengal Chamber of Commerce in accordance with the agreement contained in the contract. In due course, the Chamber appoint

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