( 1 ) THIS is an application to declare an award to be null and void.

( 2 ) THE arbitration clause is contained in a contract dated 2-1-1952, for sale by the respondent to the petitioner of hessian cloth delivery April to June in equal monthly instalments.

( 3 ) THE respondent tendered the goods to the petitioner on the due dates. The petitioner failed to take delivery and thereupon on due notice to the petitioner the respondent re-sold the goods for and on account of the petitioner. Bills of difference in price were duly submitted but the petitioner did not pay those bills. The petitioner maintained an unusual silence throughout and did not send any letters to the respondent in answer to the several demands made by the petitioner.

( 4 ) THE respondent referred its claim to the arbitration of the Bengal Chamber of Commerce on 7-7-1952. The petitioner did not file any statement before the Bengal Chamber of Commerce. The Bengal Chamber thereupon made its award on 24-9-1952.

( 5 ) IT is contended on behalf of the petitioner that there was no dispute between the parties prior to arbitration and that therefore the Bengal Chamber had no jurisdiction to make the award. T