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1962 Supreme(SC) 216

B. P. SINHA, J. R. MUDHOLKAR, K. SUBBA RAO, N. RAJAGOPALA AYYANGAR, T. L. VENKATARAMA AYYAR
Waverly Jute Mills Company LTD. : Kelvin Jute Company LTD. – Appellant
Versus
Raymon And Company India Private LTD. : Attorney General Of India – Respondent


Advocates:
B.DAS, B.N.GHOSH, B.SEN, C.B.AGARWAL, C.K.DAFTARY, Daulat Ram Prem, P.D.MENON, S.N.MUKHERJEE, SHANKAR GOPAL PAGIRE

Judgment

VENKATARAMA AYYAR, J.: These are appeals by special leave against judgments of High Court of Calcutta setting aside awards which directed the respondents to pay compensation to the appellants for breach of contracts, on the ground that they were in contravention of a notification of the Central Government dated October 29 , 1953, and were in consequence illegal and void. These appeals were heard along with Civil Appeals Nos. 98 & 99 of 1960 as there were common questions of law to be decided in all.

2. In Civil Appeals Nos. 389 & 390 of 1960 the facts are that on September 7, 1955, the appellants who are a company owning a Jute Mill at Calcutta entered into an agreement with the respondents who are also a Company doing business as dealers in jute, for the purchase of 2,250 bales of jute cuttings at Rs. 80 per bale of 400 Ibs. to be delivered 750 bales every month in October, November and December 1955. Clause 14 of the agreement provides that all disputes arising out of or concerning the contract should be referred to the arbitration of the Bengal Chamber of Commerce. The respondents delivered, pursuant, to the contract, in all 2000 bales and made default in the delivery of



























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