SALIL KUMAR HAZRA, J.

( 1 ) TWO petitions filed by Batokristo Roy Company (Private) Limited for setting aside two awards dated May 9, 1969 and July 19, 1969 by the Tribunal of Arbitration of Bengal Chamber of Commerce and Industry were assigned to me by the learned Chief Justice. The first petition was filed on July 30. 1970 for setting aside the award dated July 19, 1969. I shall deal with this petition first. The facts are shortly as follows : Batokristo Roy Company (Private) Ltd. (I shall shortly call Roy Co.) carries on business as importers, exporters and commission agents in jute and jute goods H. Polesy and Co. (Importers) Private Ltd. , a Company incorporated in Australia (I shall shortly call Australian Co.) carries on business as importers and dealers in jute and jute goods.

( 2 ) ON or about March 21, 1968 Roy Co. and Australian Co. entered into a contract whereby Australian Co agreed to buy from Roy Co. and Roy Co. agreed to sell to Australian Co. 200 bales of light wool packs of jute goods of certain specification and description. Under the contract the said goods were to be shipped in 4 monthly instalments of 50 bales each commencing from April 1968 i. e. . 50 bales

Click Here to Read the rest of this document