( 1 ) THIS is an appeal from an order of S. R. Das Gupta, J. , dated 29-6-1953, by which the learned Judge set aside an award in favour of the appellants on the ground that in making it without any evidence in its support, the arbitrators had misconducted the proceedings.

( 2 ) THE facts are as follows. On 3-11-1951, the appellants, Messrs. Fatehchand Murlidhar, agreed to sell and the respondents, Messrs. Juggilal Kamlapat, agreed to buy, 15,000 pieces of Wool Packs at the fate of Rs. 11/12/- per piece. The goods were to be delivered in three equal instalments of 5,000 pieces each on 25-11-1951, 15-12-1951, and 7-1-1952, respectively. Delivery of the first two instalments was duly given and no question arises with regard to them. With regard to the third instalment due to be delivered on the 7-1-1952, shipping instructions were given on 20-12-1951, for placing the goods alongside a vessel, called "pantakota". Admittedly, the goods were not delivered and ordinarily there would be a breach of the contract on the part of the appellants. On 11-1-1952, however, the respondents forwarded to the appellants further shipping instructions which they had received from th