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of <h1>Supreme Court Restores Trial Court Order, Grants Arbitrators Jurisdiction</h1> <h3>A.M. Mair And Co. Versus Gordhandass Sagarmull</h3> A.M. Mair And Co. Versus Gordhandass Sagarmull - 1951 AIR 9 (SC) Issues:1. Validity of the arbitration award based on the jurisdiction of the arbitration tribunal.2. Interpretation of the contract terms regarding the extension of time for delivery.3. Determination of whether the appellants were parties to the contract as principals or mere brokers.Analysis:Issue 1: Validity of the arbitration award based on the jurisdiction of the arbitration tribunal.The case involved an appeal from a judgment of the High Court of Judicature at Calcutta, where the arbitration award given by the Bengal Chamber of Commerce was challenged. The respondents claimed that the arbitration tribunal had no jurisdiction to make the award as the appellants were not principal parties to the contract. The High Court held in favor of the respondents, setting aside the award. The Supreme Court, however, found that both disputes raised by the respondents fell within the scope of the arbitration clause, giving the arbitrators jurisdiction to adjudicate on the disputes. The Court emphasized that once a dispute falls within the scope of the arbitration clause, the court should not delve into the merits of the dispute.Issue 2: Interpretation of the contract terms regarding the extension of time for delivery.The contract between the parties included provisions for an extension of time for delivering jute. The respondents failed to deliver the full quantity within the stipulated period, leading to mutual extensions of time. Disputes arose regarding the timeliness of the extensions granted. The Supreme Court noted that the principal dispute revolved around whether the extension of time for delivery was granted within the contractually specified timeframe. This dispute was deemed to be covered by the arbitration clause, allowing the arbitrators to decide on the matter.Issue 3: Determination of whether the appellants were parties to the contract as principals or mere brokers.The core contention in the case was whether the appellants were parties to the contract as principals or acted solely as brokers on behalf of the Bengal Jute Mill Company. The High Court held that since the appellants claimed to be enforcing the contract based on trade custom as brokers, they could not be treated as principals. However, the Supreme Court disagreed, stating that the appellants' position was that they were parties to the contract and entitled to enforce it, including based on trade custom. The Court clarified that the respondents needed to establish their claim that the appellants were not bound as principals by referring to the contract terms. The dispute over the appellants' status was considered to be a matter of contract interpretation falling within the arbitration clause.In conclusion, the Supreme Court allowed the appeal, setting aside the High Court's decision and restoring the order of the trial court. The appellants were granted costs throughout the proceedings.
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