(1.) The petitioner in this application, under sections 30, 33, 41 of the Arbitration Act, 1940, is a government company engaged in the manufacture of various types of Iron and Steel products and it also carries on business in iron and steel material produced in its steel plants and/or procured from other sources.
(2.) By a notice of tender issued from the Head Office of its Central Marketing Organisation at 2 Fairlie Place, Calcutta, the petitioner company invited tenders for handling iron and steel materials for the petitioner company at its Home Sales Stock Yard at Naini, Allahabad. The respondent No. 1, which was at the material time a partnership firm comprised of two partners, submitted its offer and was ultimately appointed as contractor for the purposes indicated in the tender notice. Subsequently, a formal agreement in writing was executed between the parties on/or about 15th October, 1990.
(3.) Pursuant to the above the respondent No. 1 commenced work in terms of the contract on and from 10th October, 1990.