P. B. MUKHARJI, J.

( 1 ) THIS is an application by the petitioner Banwarilal Garodia, a registered firm under the Indian Partnership Act to declare Award No. 484 of 1954 dated 31-3-1954 of the Bengal Chamber of Commerce illegal and invalid and to set aside such award. There is an alternative prayer to modify the award by deleting 'payme:it of interest' mentioned in para 20 (u) of the petition. The Notice of Motion was taken out as early as 3-5-1955, but has managed to remain undisposed so long.

( 2 ) MR. Bhabra appearing for the applicant did not urge all the grounds mentioned in para 20 of the petition. He selected the grounds stated in sub-paras (a), (c), (f), (g), (h), (q), (r), (s), (u) and (v) of para 20 of the petition and abandoned all others. In fact, he urged before me five points to set aside the award and to declare it in-valid.

( 3 ) HIS first point of objection was that the contract itself was illegal under the West Bengal tration Goods Act 5 of 1950, and, therefore, the arbitration clause was illegal and the arbitrators had no jurisdiction. He did not press this point. The ground on which that point is based is the disputed fact, whether the respondent was or was n

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