(1.) The respondent BHEL invited tenders for erection, testing and commissioning of pressure parts of B oiler Units I and II at Panipat Thermal Power Project, Panipat in 1976. The petitioner submitted its ten der, which was tintent was issued by t he respondent. The respondent issued the work order No.60049 dated 3.11.1976 to the petitioner for Unit I for a total value of Rs.12,34,200/- and during the execution of the said work - 10.5.1977 also awarded pressure parts work of Unit II ttioner as per the work order dated 10.5.1977.
(2.) The respondent further invited tenders for erection of external pipelines and auxiliaries of Units I and II and the tender of the petitioner was found to be the lowest, which was accepted and the letter of intent issued on 13.6.1977. The work order No.60060 dated 17/22.08.1977 was placed on the petitioner for a total value of Rs.12,37,440/-.
(3.) The work was completed and according to the respondent all the payment due to the petitioner was made. The communications between the parties, however, show that the petitioner raised certain claims and in view of the disputes filed petitions under Section 20 of the Arbitration Act, 1940 (hereinafter referred to as the said Act) in this Court, which was registered as Suit No.305A/1985 and 304A/1985. The petitions related to work order No.60060 and 60049 respectively. The petitions were disposed of only on 8.1.1994 referring their disputes to Arbitration in terms of the Arbitration Clause between the parties, the disputes being as set out in para 12 of the petitions.