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1952 Supreme(Cal) 183

P.B.MUKHARJI
BHUDARMULL BAZAZ – Appellant
Versus
UMA SHANKAR PURUSHOTTAMDAS AND CO. – Respondent


P. B. MUKHARJI, J.

( 1 ) THIS is an application by Bhudarmull Bazaz carrying on business under the name and style of Shivaramdas Bhudarmal under the Indian Arbitration Act for declaring the Award No. 139 of 1952 of the Bengal Chamber of Commerce dated 13-2-1952 as null and void, and for an order that there was no valid arbitration agreement in the contract dated 16-3-1951.

( 2 ) THE matter arises out of a transaction relating to sale and purchase of jute goods. On 16-3-51, there was a contract being contract No. 0 by which the petitioner agreed to sell and deliver to the respondent 15000 bags of B. Twills at Rs. 231-10-0 per 100 bags on the terms and conditions contained in a sold note of that date and number passed by the brokers to the petitioner. That contract No. 6 dated 16-3-1951, contained the following arbitration clause:"all matters, questions, disputes, differences and/ or claims arising out of and/or concerning and/ or in connection with and/or in consequence of relating to this contract whether or not the obligation of either or both parties under this contract be subsisting at the time of such dispute and whether or not this contract has been terminated or purported t












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