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1978 Supreme(Cal) 231

SANKAR PRASAD MITRA, S.K.DATTA
J. THOMAS AND CO. (JUTE AND GUNNIES) PVT. LTD. (IN LIQUIDATION) – Appellant
Versus
BENGAL JUTE BALING CO. LTD. – Respondent


Advocates Appeared:
B.L.VYAS, L.P.Murrarka, RAJAT GHOSH, S.Tibrewala

SANKAR PRASAD MITRA, C. J.

( 1 ) THIS is an appeal from a judgment of Salil K. Roy Chowdhury J. , delivered on the 20th and 21st Dec. , 1973 dismissing an application for setting aside an award. It is an award of the Tribunal o Arbitration of the Bengal Chamber of Commerce and Industry being Award No. 248 made on the 18th March, 1952. The petitioner before the learned Trial Judge, who is now the appellant before us, made inter alia, the following prayers :" (a) That the said purported Contract No. B/713 dated 31st May 1951 and/or the Bought Note and Sold Note relating thereto and the arbitration agreement contained therein be declared null and void and/or the validity and/or the existence and/or the effect of the said purported contract and the arbitration agreement contained therein be determined by this Hon'ble Court; (b) That the purported reference and the said pretended Award of the Tribunal of Arbitration of the Bengal Chamber of Commerce and Industry being purported Award No. 248 dated 18th March 1952 be declared null and void, inoperative, invalid and/or of no effect whatsoever; (c) That the said purported Award be set aside. "the application it is stated has been made und






















































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