1920 (1) TMI 1

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....g before the Tribunal of Arbitration of the Bengal Chamber of Commerce. By a contract, dated the 1st December 1917, made on the ordinary form of the Indian Jute Manufactures' Association, the plaintiff agreed to sell to the defendant three lacs of yards of Hessian cloth. The terms which require consideration in this appeal were three: Delivery of the said goods to be given and taken a....

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....as in fact made of any part of the remainder, which divides itself into three separate lots. Ah regards the first lot of 50,000 yards which was not delivered, on the 28th February 1918 the defendant demanded arbitration by the Bengal Chamber of Commerce and proceedings were confined to this particular claim. On the 25th July 1918 on this portion of the claim an award was made by the Board in favou....

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....ivery was to be treated as a distinct and separate contract, the defendant properly obtained an award as regards the first portion of his claim; this clearly does not prevent him from proceeding with arbitration in respect of matters arising out of subsequent breaches of contract. We agree with Mr. Justice Rankin that as in the present case there were several and separate contracts, there is no fo....