JUDGMENT

Harries, C.J. - This appeal was referred to a Full Bench for decision of a Bench of this Court by an order dated April 5, 1949. In the referring order two questions are propounded, namely,

2. In the circumstances of this case was the arbitration clause contained in the contract between Bubna More & Co. and the Respondents imported into the contract made between the Respondents and the Appellants?

3. Which of the two decisions, namely, Chatturbhuj Chandunmull v. Basdeodas Daga, ILR 47 Cal 799 (1920) and Haji Vali Mahomed Ayoob v. Shamdeo Gopiram, 34 CWN 447 (1930) is correctly decided?

4. To appreciate the points in issue in this appeal it will be necessary shortly to set out the facts.

5. By a contract Indent No.73 dated December 13, 1947, firm known as Bubna More & Co. sold to the Respondents in this appeal two lacs yards of American O.D. Cotton Merquisetts Olive Colour 48" wide at Re. 1-1-6 per yard.

6. By the contract the sellers were to deliver the goods to the buyers or their nominees as and when released by the Textile Controller, Calcutta, and the buyers were bound to accept delivery accordingly. The buyers were under an obligation to take delivery of the goods within a w