CHAKRAVARTTI, C. J.

( 1 ) THIS appeal involves a short point under the Arbitration Act, 1940, arising out of the following facts.

( 2 ) ON 25-8-1951, a contract was entered into between the appellant, The India Plosiery Works, and the respondent, Bharat Woollen Mills Ltd. , by which the respondent agreed to- sell and the appellant agreed to buy 10,000 lbs. of woollen yarn at a certain price, the goods to be delivered by a certain date. The contract contained the following arbitration clause:"all disputes whatsoever arising in or out of or in connection with the said contract or arising in any way whatsoever in connection with any other contract for the supply of goods by the Company to the Buyers shall be referred to arbitration at Calcutta. The decision of its Tribunal of Arbitration shall be final and binding on both parties, either of whom may make the same a Rule of Court. "

( 3 ) ON 28-3-1952, the respondent filed an application on the Original Side of this Court for an order under Section 20, Arbitration Act, that the arbitration agreement be filed in Court, for appointment of an arbitrator and for a reference oi' the dispute which had arisen out of the contract to the arbi

Click Here to Read the rest of this document