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1956 Supreme(Cal) 41

P.B.MUKHARJI
W. Wood and Sons – Appellant
Versus
Bengal Corporation – Respondent


Advocates:
Sankar Ghose, for Applicant; A.C. Mitra and Ajay K. Basu, for Respondents.

ORDER :- This is an application to stay alt proceedings in Suit No. 1298 of 1954 pending in this Court between Bengal Corporation and W, Wood and Sons Ltd. The Notice of Motion was taken out by W. Wood and Sons Ltd. on 23-8-1954. The application is made under the Arbitration Act, 1940 and the Arbitration (Protocol and Convention) Act of 1937 as adapted.

2. The Arbitration Clause on the strength of which this application is sought to be made is in these terms :

"All questions of differences whatsoever which may at any time hereafter arise between the parties hereto or their respective representatives touching this agreement or the subject-matter thereof or arising out of or in relation thereto respectively and whether as to construction or otherwise, shall be referred to a single Arbitrator in accordance with and subject to the provisions of the Arbitration Acts 1889 to 1934 or any re-enactment or statutory modification thereof for the time being in force."

3. This Arbitration clause appears as Cl. 9 in the Agreement between W. Wood and Sons Ltd. and Bengal Corporation dated 19-10-1951 by which the Bengal Corporation agreed to purchase from W. Wood and Sons Ltd. expanding hinges, hatch



































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