TaxTMI 
TaxTMI 
1950 (11) TMI 20
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....pondents for the sale of 5,000 maunds of jute, which was evidenced by a "sold note" (Exhibit A), which is in the form of a letter addressed to the respondents, commencing with these words : "We have this day sold by your order and for your account to the undersigned, etc." The word "undersigned" admittedly refers to the appellants, and, at the end of the contract, below their signature, the word "brokers" is written. On the same day, a "brought note" (Exhibit B) was addressed by the appellants to the Bengal Jute Mill Company, with the following statement : "We have this day bought by your order and for your account from the undersigned, etc." In this note also, the word "under....
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....her things that "all matters, questions, disputes, differences and/or claims arising out of and/or concerning and/or in connection and/or in consequence of or relating to this Contract whether or not obligations of either or both parties under this contract be subsisting at the time of such disputes and whether or not this contract has been terminated or purported to be terminated or completed shall be referred to the arbitration of the Bengal Chamber of Commerce under the rules of its Tribunal of Arbitration for the time being in force and according to such rules the arbitration shall be conducted." 4. It is common ground that the respondents, delivered 2,256 maunds of jute under the contract, but the balance of 2,744 maunds cou....
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....est at the rate of 4% per annum from the 10th August, 1946, until the date of the award. A sum of ₹ 210 was also held to be payable by the respondents on account of costs. Nearly a year later, on the 19th February, 1949, a petition was presented by the respondents under the Indian Arbitration Act, 1940, to the High Court at Calcutta, in its ordinary original civil jurisdiction, praying inter alia that the award may be adjudged to be without jurisdiction and void and not binding on the respondents, and that it may be set aside. The main point raised by the respondents in the petition was that it was not open to the appellants to invoke the arbitration clause, as the Bengal Jute Mill Company and not the appellants were the real party to....
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....not open to Sinha J. to treat them as principals, and the award was liable to be set aside on the ground that the arbitration tribunal had no jurisdiction to make an award at the instance of a person who was not a principal party to the contract. The appellants thereafter having obtained a certificate from the High Court under section 109(c) of the Code of Civil Procedure, preferred this appeal. 7. It seems to us that this appeal can be disposed of on a short ground. We have carefully read the affidavit filed on behalf of the appellants in the trial court, and we are unable to hold that their case was that they were not parties to the contract or that they had asked the court to proceed on the sole ground that they were entitled to enforce....
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...., the determination of which turns on the true construction of the contract, would also seem to be a dispute, under or arising out of or concerning the contract. In a passage quoted in Heyman v. Drawins Ltd. [1942] A.C. 356, Lord Dunedin propounds the test thus : - "If a party has to have recourse to the contract, that dispute is a dispute under the contract". Here, the respondents must have recourse to the contract to establish their case and therefore it is a dispute falling within the arbitration clause. The error into which the learned Judges of the appellate Bench of the High Court appear to have fallen was their regarding the dispute raised by the respondent in respect of the position of the appellants under the contract as ....