ORDER :- This is an application by Bajranglal Serowgee who carries on business under the name and style of Bajranglal Laduram for having the effect of an arbitration agreement determined by this Court. The application is really for an adjudication that an arbitration agreement between the parties is still subsisting.

2. By contract No. 1633 dated 28th July 1948 the petitioner alleges that he agreed to purchase from the respondent 80,000 heavy cees bags in 200 bales at the rate of Rs. 140/4/- per 100 bags delivery August 1948. The terms of the agreement appear from a copy of the Bought Note included in the annexure to the petition.

3. Clause 13 of the said contract contained an agreement for arbitration in very wide terms.

4. The petitioners case is that on 16th August 1948 he sent shipping instructions to the respondent to bring 50 bales, that is, 20,000 heavy cees bags, and on 18th August 100 bales, that is, 40,000 heavy cees bags alongside the vessel "Kutsang," The respondent failed to bring the aforesaid goods alongside the ship and a letter was sent to the respondent complaining about this failure.

5. It is alleged the petitioner by letter dated 31st August 1948, again requested t

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