( 1 ) THIS is an application to set aside an award made by the Bengal Chamber of Commerce.

( 2 ) BY a contract dated 10-8-1950 the petitioner. Juggilal Kamlapat agreed to sell and the respondent a Dutch Company agreed to buy 500 bales of certain jute goods at Rs. 209/- per 100 bags C. and F. Jawa Main Ports, draft drawn at sight under an irrevocable letter of credit, shipment November/december 1950 equally, subject to export licence and subject to the terms and conditions of the Calcutta Jute Fabrics Shippers Association contract form in use for the time being. That contract form amongst other clauses contains an arbitration clause, a clause providing that the Letter of Credit must be despatched to the sellers within 7 days of the contract and a clause providing that each monthly shipment would be deemed to be a separate contract. Under the contract all increases in freight and duty were on the buyer's account.

( 3 ) THE letter of credit was despatched to the sellers after great delay in the first week of December 1950, but nevertheless the buyers accepted and acted upon it. Meanwhile the export duty was enhanced. On 20-11-1950 the parties agreed that the buyer woul