Law: Arbitration Act (X of 1940)

Section: 3

Law: Limitation Act (IX of 1908)

Section: 158

Law: Contract Act (IX of 1872)

Section: 56-A

  Arbitration Act (X of 1940), S. 3 read with First Schedule, item 3-Arbitrators cannot "enter on reference" before they are 'appointed-Reference to Tribunal of Arbitration of Chamber of Commerce made on 1-4-57 and Court of arbitration constituted on 21-5-57-Award made on 21-8-57 (within four months of constitution of Court)-Cannot be said to have been made beyond time-Award not a nullity.   Messrs M. M. Ispahani Ltd. v. Messrs Pakistan Trading Company P L D 1966 Dacca 54 and Katihar Jute Mill's Ltd. v. Shri Lachmi narayan Jute Manufacturing Co. Ltd. A I R 1958 Cal. 501 distinguished.   Limitation Act (IX of 1908), Art. 158-Application for setting aside arbitration award-Limitation governed by Art. 158 when award not a nullity-Question of limitation can be raised at any stage where award is a nullity.   Raja Har Narain Singh v. Chaudharain Bhagwant Kaar I L R 13 All. 300 (P C) and Hashmat Ali Jamaddar and others v. Asmat Ali Jamaddar 6 I L R 478 ref.   Contract Act (IX of 1872), S. 56-A contracting to purchase goods fr9m B for export-Government circular requiring registration of exporters already in existence and known to A before entering into contract Plea that contract could not be fulfilled for want of Registration No.-Cannot be allowed to defeat contract Contract, in circumstances, did not become void.   F. A. Tamplin Steamship Company, Limited v. Anglo-Mexican Petroleum Products Company, Limited 1916 A C 397 and Chandpur Mills v. The Official Liquidator, Economic Aid Corpora tion, Ltd. P L D 1960 Dacca 308 distinguished.    JUDGMENT   HASAN, J.-This appeal is directed against the decree passed in the suit in terms of an award.   The contract was entered on 29th December 1956, for 1,000 bales of N. C. cuttings, delivery of which was to be taken between January and February 1957. The defendant failed to lift the, jute though repeatedly asked by the plaintiff and accordingly the plaintiff made a reference to the Tribunal of Arbitration of Dacca-Narayanganj Chamber of Commerce for realisation of Rs. 30,000 as difference between the contract price and the market price. The defendant did not…