HINDUSTHAN CABLES LTD Vs. BOMBAY METAL COMPANY

JUDGEMENT

(1.) THIS is an appeal against the Order dated 23rd February, 1979 passed by the Judge, 10th Bench, City Civil Court at Calcutta dismissing the appellant's application u/sec. 34 of the Arbitration Act. Briefly the facts are as follows :-

(2.) THE appellant, Hindusthan Cables Limited being interested in disposing of twenty items of scrap materials issued a tender being SPC- 762/ A-82 in various leading Newspapers between 16th March and 27th March, 74. Pursuant to the aforesaid tender notice several interested parties submitted the quotation including the respondent in the prescribed form. THE aforesaid tender documents specially under general terms and conditions of the said tender contains an arbitration clause which is as follows :-

(3.) THE present respondent contested the said application contending, alia, that there was no concluded agreement between the parties that terms of the contract was vague and unenforceable and that the appellant letter dated April 19, 1974 was by way of a counter-offer which the respondent did not accept and consequently there was no concluded contract and the present suit which was for a declaration that there was no concluded contract between the parties cannot be stayed u/S. 34 of the Arbitration Act.