P. B. MUKHARJI, J.

( 1 ) THIS is an application by D. L. Miller and Co. Ltd. to set, aside Award No. 11 of 1955 of the Bengal Chamber of Commerce and Industry dated 4-1-1955 and to declare it null and void. Mr. Meyer on behalf of the applicant has, urged only three grounds and no others.

( 2 ) HIS first point of objection is that the Court of Arbitration which has given the Award in this case was not a properly constituted Court on the ground that it violated" the consent order remitting the previous Award. His second point of objection is that on 3-1-1955 the Arbitrators received a written statement from the respondent which the applicant was given no opportunity to answer. His third point of objection is that on 3-1-1955 when evidence was being taken, the applicant's representative was denied the right to cross-examine the evidence of the respondent's representative.

( 3 ) NO other objection has been urged before me.

( 4 ) BEFORE discussing these objections and determining them; the facts of the dispute between the parties and the history of the Arbitration in this matter have to be briefly stated. On 10-4-1953 the applicant agreed to purchase a certain quantity of jute to be

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