Order. - This is an application made on behalf of Haji Ebrahim Kassam Cochinwalla on a notice of motion dated 30-11-1949, asking to set aside the award dated 22-7-1949 and filed on 20-8-1949.

2. The facts of the case may be stated briefly. By contract dated 2-1-1949 the applicant purchased from the Northern India Oil Industries Ltd., 3 wagons of pure Mahuya Oil. The respondents claimed Rs. 3368-9-3 as damages for non-acceptance being based on the difference between the contract price and the market price. After some disputes, by a letter dated 9-2-1949 the respondents solicitor informed the applicant of the appointment of Pannalal Kasera as the sole Arbitrator. An application was thereafter made by the present applicant on 24-5-1949 restraining the sole Arbitrator from acting and for allowing the applicant to appoint an Arbitrator on his behalf. That application was finally heard by Banerjee J., and by an order dated 5-7-1949 the learned Judge held that the application should fail and did not allow the applicant to appoint his Arbitrator as no sufficient cause had been shown. I would quote from my learned brothers judgment delivered on 5-7-1949 the following observations which I con

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