S. B. Sinha, J. - (1.) The appellants before the High Court are in appeal before us against the judgment and order dated 10-9-1996 passed by the High Court of Patna, Ranchi Bench, Ranchi, in Misc. Appeal No. 176 of 1995 (R) dismissing an appeal preferred by the appellants herein purported to be in terms of Section 39(1)(i) of the Arbitration Act, 1940 (the Act for short), against an order dated 11-9-1995 passed by the Subordinate Judge-VI, Ranchi, allowing Arbitration (Misc.) Case No. 39 of 1995 filed by the respondent herein.
(2.) The basic fact of the matter is not in dispute. Appellant No. 1 herein invited tender for removal of soil, sandstone, shale, conglomerates/coal etc. and stacking it up to a distance of 1 Km. Pursuant to or in furtherance of the notice inviting tender issued by appellant No. 1, the respondent herein submitted his tender which was accepted. According to the appellants, the respondent failed and neglected to produce 10,000 M.T. of coal per month and stack the same in the dump yard which was the subject-matter of the agreement dated 17-3-1992, as a result whereof the balance job was got done by another agency.
(3.) According to the appellants by reason of the aforementioned acts of omission and commission on the part of the respondent, it suffered a huge loss. The agreement of the respondent, however, was not expressly cancelled by appellant No. 2 herein. The respondent herein allegedly invoked the purported arbitration agreement contained in the said agreement dated 17-3-1992.;