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1953 Supreme(Cal) 42

CHAKRABARTI, SARMA SARKAR
MORAN AND CO. LTD. – Appellant
Versus
ANDERSON WRIGHT LTD. – Respondent


Advocates Appeared:
H.N.SANYAL, SANKARDAS BANERJI

CHAKRAVARTTI, C. J.

( 1 ) THIS is an appeal from an order of S. R. Das Gupta J. dated 23-84951, by which the learned Judge stayed a suit brought by the appellant Moran and Co. Ltd. , against the respondent, Anderson Wright Ltd. , upon an application made by the latter under Section 34, Arbitration Act.

( 2 ) THE facts are as follows: By two different contracts, both dated 7-7-1950, the respondent purchased 12,00,000 yards of Hessian Cloth, 6,00,000 yards under each of the contracts, delivery to be made at the rate of 1,00,000 yards per month from January 1951 and payment to be made in cash on delivery. Each delivery was to be treated as a separate and distinct contract. The Bought Notes, which were addressed to the respondent and signed by the appellant over the word 'brokers', began with the sentence, "dear Sirs, we have this day bought by your order and. on your account from our Principals," and then it proceeded to set out the particulars of the goods and the terms and conditions of the contracts. Those terms included an arbitration clause in the standard form of Indian Jute Mills Association contracts and expressed as follows:"all matters, questions disputes, differences and/



























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