S. R. DAS GUPTA, J.

( 1 ) THIS is an application under S. 33 of the Arbitration Act for an order declaring the award No. 1347 of 1952 made by the Bengal Chamber of Commerce and Industry, Tribunal of Arbitration, to be null and void, alternatively for an order setting aside the said award.

( 2 ) THE principal ground taken in support of this application is that the second Court constituted by the Registrar, Bengal Chamber of Commerce under Rule 7 of the Rules of the Tribunal of Arbitration, Bengal Chamber of Commerce, had no jurisdiction to make the award. In other words, it is contended that the Registrar, Bengal Chamber of Commerce, in constituting the second Court under Rule 7 of the Rules of the Tribunal of Arbitration, Bengal Chamber of Commerce, cannot appoint the same persons who constituted the first Court but must appoint different persons, different from the persons who constituted the first Court, to determine the dispute which has been referred to the Bengal Chamber of Commerce. In this case, it is said that, the persons who constituted the second Court were the same persons who constituted the first Court and therefore such constitution is void and contrary to the prov

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