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1982 Supreme(Cal) 47

P.K.BANERJI, B.N.MAITRA
ALLIANCE MILLS (LESSEES) PVT. LTD. – Appellant
Versus
MADAN GOPAL AND SONS – Respondent


Advocates Appeared:
K.K.Maitra, K.N.MISHRA, N.C.Bhattacharya, PRAMATHA NATH CHATTERJI, TAPAN MITRA

BANERJEE, J.

( 1 ) THESE appeals arise out of an application under Sections 30 and 33 of the Arbitration Act 1940 for setting aside the award made by the Tribunal of Arbitration. The Bengal Chamber of Commerce and Industry, Calcutta. The fact relating to the arbitration proceeding is that there was a contract between the appellant and the respondent coining under the East India Jute and Hessian Exchange Ltd. , Calcutta for Trading in Transferable Specific Delivery Contracts in Raw Jute and Jute Goods and Rules (Sic ). The transferable specific delivery contracts in raw jute and jute goods are embodied in the Rules framed under the East India Jute and Hessian Exchange Ltd. The contract also is to be found in Appendix X of the East India Jute and Hessian Exchange Ltd. , Calcutta (Working Manual Vol. III ). There was no dispute that some sort of agreement was entered into by Alliance Mills (Lessees)" Pvt Ltd. and M/s. Madan Gopal and Sons in a form which is akin to Appendix II as hereinbefore stated. But it appears from the original that the rubber stamp which was embossed on the same form could not be deciphered.

( 2 ) THESE matters were being heard by us sometime in Mar. 1978 and









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