J K JAIN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) LEAVE granted.

(2.) THE appellants have questioned the validity of the order, passed by the High Court, rejecting the claim of the appellants that there was no agreement between the appellants and the respondent - Delhi Development Authority, (hereinafter referred to as 'the respondent') to refer the dispute between them to an Arbitrator.

(3.) THE stand of the appellant is that the said clause shall not be deemed to be a part of the agreement, inasmuch as it is only part of the tender form which is issued to every contractor intending to supply materials to the respondent. It is just generalrules for the guidance of the contractors. It may be pointed out that the notice inviting tenders clearly stated 'Contract documents consisting of the detailed plans, complete specifications, the schedule of quantities of the various classes of work to be done and the set of conditions of contract to be complied with the person whose tenders may be accepted will also be found printed in the form of tenders, can be seen purchased at the Divisional office between the hours of 11 a.m. and 4 p.m. every day, except on Sunday and Public Holidays' (emphasis supplied). From the notice inviting tenders it is apparent, that to whomsoever the contract was to be allotted, the conditions in the printed form of tender had to be complied with. It appears because of the aforesaid conditions mentioned in the notice inviting tenders, at the time of the execution of the agreement, the appellant, the Managing Partner, on behalf of the firm signed each page of the said form of tender including the last page. On behalf of the respondent, it has been signed by the Executive Engineer and the form of tender has been attached to the agreement referred to above. In the agreement it has been clearly stated that the terms and conditions contained in the tender form and the conditions of the contract attached to the said deed and also the letter of acceptance dated 27-12-1982 shall be binding between the parties. THE effect of the aforesaid agreement shall be that the tender form and conditions of the contract attached to the said deed to agreement including the letter of acceptance dated 27-12-1982 shall be deemed to be the part of the agreement between the appellants and the respondent including that in event of dispute in respect of any claim, right or matter or thing whatsoever in any way arising out of or relating to the contract shall be referred to the sole arbitration of the person appointed by the Engineer Member of the respondent.