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1962 Supreme(Cal) 96

U.C.LAW
Prabartak Commercial Corporation – Appellant
Versus
Ramsahaimull More Ltd. – Respondent


JUDGMENT

U.C. Law, J.

1. THIS is an application that the Award dated 13 March 1957 made in Award Case No. 92-G of 1952 filed in the said Award Case be declared null and void and/or be set aside.

2. BY exchange of Sold Note and corresponding Bought Note both bearing No. 1185 and dated 10 September 1951, the petitioner sold and the respondent bought 6,00,000 bales of Heavy Cees at Rs. 205/- per hundred bags, delivery during months of October, November and December 1951 at 2 lakhs bags per month. The petitioner failed to deliver whereupon on 12 November 1951 by a Settlement Bought Note No. 1332 the petitioner bought back from the respondent 2 lakhs of Heavy Cees in settlement of October delivery at Rs. 238/- per hundred bags and on 28 November 1951 it bought back from the respondent under another Settlement Bought Note No. 1382 further 2 lakhs bags in settlement of the November delivery at Rs. 247/- per hundred bags. Under all the aforesaid contracts each month's delivery was to be treated as distinct and separate contract and each of the contracts contained an arbitration clause in the standard form prescribed by the Indian Jute Mills Association.

Pursuant to the above two settlement

































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