SABYASACHI MUKHARJI, J.

( 1 ) AWARD No. 118 of 1969 made by the Tribunal of Arbitration, Bengal Chamber of Commerce and Industry on 26th of Aug. 1969 is impugned in this application under Sections 30 and 33 of the Arbitration Act, 1940. Hiralal Pannalall is a firm registered under the Indian Partnership Act and is the petitioner in this application. On the 1st of July, 1968 the petitioner agreed to sell and the respondent Dalhousie Jute Company Ltd. agreed to buy 251 bales of 180 Kilograms each, of Dhubri Jute consisting of 76 bales of Mill Firsts quality at the rate of Rs. 441/- per bale and 175 bales of Mill Lights quality at the rate of Rs. 4017-per bale for shipment and/or despatch during July and/or August and/or September 1968. The contract was entered through the broker Messrs. Prakash Trading Company. The said contract was by a letter to the following effect:

Dear Sirs,

 

Letter contract No. L/101 E of 1-7-1968.

 

We have this day SOLD by your order and on your account to Messrs. Dalhousie Jute Co. Ltd. , Calcutta the following :

 

Crop : 1968-69

Quantity : 251 Bales

Agency : Dhubri ( ASSAM )

Marks : H. P.

Assortment and Price : MILL firsts 76 B/s. @ Rs. 441 per

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