1958 (9) TMI 106

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....oods was to be between the 3rd of September and October 1954. The appellant's case is that there was a fire and that it was unable to despatch the jute within the stipulated time and that although it appealed to the respondent for some extension of the time within which the contract might be performed, no extension was granted. The respondent then made a claim for Rs. 24,500/- as the difference between the market price and the contract price of the jute concerned on the date of the breach, but the appellant refused to pay the same. A dispute having thus arisen, the respondent referred it to the arbitration of the Bengal Chamber of Commerce in accordance with the agreement contained in the contract. In due course, the Chamber appointed a....

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....The learned Judge has placed it on record that, before him, Mr. Subimal Roy who represented the appellant abandoned all the grounds taken in the petition except the ground taken in clauses or sub-paragraphs (e) and (f) of paragraph 25, Those two grounds, as I have already stated, are grounds on which the award was attacked, because it was ex parts and because, according to the appellant, no ex parte award could be made unless the arbitrators had given previous intimation of their intention to hear and determine the case in the absence of the parties, if they failed to appear. 5. So far as the first ground is concerned, I do not think that it is open to the appellant to urge it in appeal. It is quite true that a ground of law, particularl....

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....n for that view is that the first notice issued by arbitral courts of the Chamber always says, as it did in the present case, that the parties must appear on that date and rule 20 of the Rules of the Bengal Chamber of Commerce further says that the arbitrators may proceed with the reference in the absence of any or both of the parties who, being entitled to appear refuse or neglect to attend after due notice. In the cases I referred a few moments ago, it was held that the effect of such a notice could not subsist beyond the first date if subsequent notices did not repeat its terms and, therefore, the arbitrators would not be entitled to proceed on an adjourned date of hearing ex parte in the absence of any such notice. In the case to which ....