S. R. DAS GUPTA, J.

( 1 ) THIS is an application for an order: (a) That the existence, effect and/or validity of the said alleged arbitration agreement and all questions relating thereto be decided and determined by this Court. (b) That it be declared that there was no valid, binding or effective or subsisting arbitration agreement between the parties or that the disputes and differences, if any, are referable to such arbitration. (c) That the said purported award dated 7th February 1949 be set aside. (d) Costs and incidental expenses be paid to the applicant.

( 2 ) THE facts necessary for me to determine the merits of this application, shortly stated, are as follows:

( 3 ) ON April 26, 1948, there was a contract between the parties. The sowda in respect of the said contract has been set out in Annexture 'a' to the petition. The said sowda contains amongst others the following term:"all sowdas subject to rules and regulations of the Calcutta Kirana Association whose decision is final and binding on both the buyers and the sellers. "

( 4 ) ON September 25, 1948, the Calcutta Kirana Association went into voluntary liquidation by a special resolution passed on that date and one S. K

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