ORDER :- This is an application by the petitioner Babulal Dhandhania for setting aside an award made by the Bengal Chamber of Commerce, dated 6th April 1949.

2. On 9th March 1943, the respondent Gauttam and Co. bought from the petitioner 2,000 maunds of linseed oil at Ss. 33 per maund. The terms of the contract will appear from Bought Note No. 2957, a copy of which is annexed to the petition.

3. There was a clause that any dispute regarding the contract was to be settled by arbitration of the Bengal Chamber of Commerce in Calcutta. The petitioner failed to deliver the goods in time and it is alleged by the respondent that at the request of the petitioner the time for delivery was extended from time to time till 21st July 1948.

4. The petitioner delivered certain quantities but failed to deliver about 1056 maunds. The time for delivery was further extended till 25th August 1948. Yet the petitioner failed and neglected to give delivery. According to the petitioner there was a frustration of the contract. But the respondent alleged that the real reason for non-delivery was that the market had gone against the petitioner and he wanted to avoid delivery.

5. On 19th October 1948, the respond

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