P. B. MUKHARJI, J.

( 1 ) THIS is an application by Nanalal M. Varma and Co. (Gunnies) Private Limited for setting aside award No. 166 of 1956 of the Bengal Chamber of Commerce dated 3-2-1956 in case No. 861 of 1955.

( 2 ) THE award is challenged on five grounds. The first ground is that the arbitration clause and the rules of arbitration of the Bengal Chamber of Commerce and Industry, Calcutta are ultra vires the Constitution of India. The second ground is that the award is bad for erroneous exercise of discretion by the Arbitrators in refusing to state a case for the opinion of the Court. The third ground is that there was an erroneous exercise of discretion by the Arbitrators in refusing to permit Lawyers to represent the case of the applicant before the Arbitrators. These last two grounds are put forward as legal misconduct. The fourth ground is that the Arbitrators have no jurisdiction because the contract under which they were acting had been rescinded by one of the parties. The fifth ground is that the Arbitrators were not appointed in writing under the hands of the Registrar.

( 3 ) I shall first take up the constitutional objection. The objection is that the present arbit

Click Here to Read the rest of this document