- (1.) This appeal by the appellant is directed against the judgment dated 19.03.2009 delivered by the learned District Judge, West Tripura, Agartala in Misc. (Arbitration) 06 of 2006 whereby he rejected the objections filed under Section 34 of the Arbitration and Reconciliation Act, 1996 by the present appellant against the award delivered by the sole arbitrator Sri P.K. Sarkar ( a retired Judge of the Gauhati High Court).
(2.) Briefly stated, the facts relevant for decision of the case are that the appellant entered into an agreement with Bharat Sanchar Nigam Limited (in short hereinafter referred to as BSNL) for supply of bill forms and money receipt forms. The rate with regard to the supply of bill forms and money receipt forms were negotiated and settled between the parties. The agreement also contained an arbitration clause. It is not disputed that the bill forms consist of two parts separated by a perforation. Similarly the receipt forms consist of four receipts separated by three perforations. The claim of the appellant is that each part of the bill form is a separate bill and quantity has to be measured accordingly. Similarly with regard to the receipts, the case of the appellant is that each receipt is a separate receipt and the quantity while assessing the payment has to be assessed by taking each separate receipt as a separate receipt.
(3.) On the other hand the case of the BSNL was that the tenders were invited for supply of bill forms and receipt forms and the bill form consist of two parts and the receipt form consists of four parts with one copy. According to the BSNL, the two parts of the bill form are part of one sheet of paper and similarly the four receipt forms are part of one sheet of paper.;