1920 (1) TMI 1

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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 as follows: December, 1917. Each month's delivery to be treated as a distinct and separate c .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rst 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 favour of the plaintiff with costs and interest. Subsequently, on the 9th April 1918 and the 21st June 1918 two oth .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ds 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 foundation for the contention that the right conferred by the arbitration clause was fully exhausted as soon as .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X