Somayya, J.

1. The question involved in this appeal is whether a separate suit lies to enforce the reliefs granted by an award passed under the Indian Arbitration Act (X of 1940) or whether the procedure under Section 14 of the Act must be resorted to.

2. There were disputes between the parties regarding certain contracts which they entered into for sale by the plaintiff-respondent and for purchase by the defendants-appellants of certain quantities of Japan camphor. The case of the respondent is that the appellants did not take delivery of the camphor contracted for, that subsequently he sold the camphor and sustained loss which the appellants would not pay, that the disputes between the parties were referred to the arbitration of the Madras Kirana Merchants Association in accordance with a clause contained in the contracts to that effect and that an award was passed by the arbitrators. The suit is for recovery of the sum adjudged by the arbitrators by the award. The defence is that the respondent is confined to the remedy under the Indian Arbitration Act of 1940, which, it is the common case of both the parties, applies to this case. The lower Court held that a separate suit