Alfred Henry Lionel Leach, CJ.

1. While the Indian Arbitration Act, 1889, was in force a party to an arbitration award was entitled to enforce it by way of suit. The % question in this appeal is whether he has the same right now that the Indian Arbitration Act, 1940, is in force.

2. The appellants entered into a contract with the respondents to sell to them a certain quantity of camphor. The respondents failed to take delivery of the goods in accordance with the terms agreed upon and consequently the appellants sold the camphor. The price realised was less than that which the respondents had contracted to pay and they failed to pay the difference. The contract provided that disputes in relation to it should be referred to the arbitration of the Madras Kirana Merchants Association. The appellants referred the dispute to arbitration, in accordance with the agreement and the arbitrators found that they were entitled to receive from the respondents by way of damages the sum of Rs. 1,605-6-0. The appellant did not, however, ask the arbitrators to file the award in Court. They took no action until they filed in the City Civil Court the suit out of which this appeal arises. The awar