D D SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE appeals arise out of a common judgment and order dated 15-9-1998 passed by a Division Bench of the Gauhati High Court in FA No. 8 of 1993 whereby and whereunder an objection filed by the Union of India purported to be in terms of Section 30 of the Arbitration Act, 1940 was allowed in part.

(2.) THE parties hereto admittedly entered into a contract for construction of six permanent major bridges on Lekhabali Basar-Along Road in State of Arunachal Pradesh wherefor a notice inviting tender was issued by the Chief Engineer, Project Vartak, Director General (Border Roads). Shri D. D. Sharma, appellant in Civil Appeal No. 6678 of 1999, (hereinafter referred to as 'the contractor') pursuant thereto and in furtherance thereof made an offer. Negotiations admittedly took place between the parties in relation thereto.

(3.) THE Union of India in response thereto showed its inclination but requested the contractor to withdraw various stipulations/conditions specified in his tender in terms of a letter dated 30-9-1983 stating :