RAJAMANNAR, C.J. :- The parties to this appeal entered into three contracts in respect of purchase and sale of groundnut expeller oil cake each of which contract contained a clause that in the event of any dispute arising out of the said contracts including the construction or fulfilment of the same, such disputes shall be settled by arbitration by and under the rules of the Madras Chamber of Commerce.

Disputes did arise between the parties and the arbitration clause was invoked. The Madras Chamber of Commerce thereupon entered on their duties as arbitrators. The arbitration was entrusted to one of their members. The hearing appears to have been posted to 9-3-1953, when the respondents counsel was absent and a request was made for adjournment on that ground. The arbitrator finding that the time for submission of the award was fast approaching wanted to know from the parties whether they would agree for an extension of time.

Eventually the appellant before us agreed to such extension, but not the respondents. Thereupon, the arbitrator went on with the proceeding without the respondents and passed an award. This award was set aside on an application made by the respondents by