- (1.) This appeal under Section 37 of Arbitration and Conciliation Act 1996 (hereinafter referred to as "Act 1996") has come up at the instance of claimant appellant against judgment and order dated 15.01.2009 passed by Sri Amar Singh Chauhan, District Judge, Bhadohi in Misc. Arbitration case no. 1 of 2002 whereby the Court below has allowed respondent's application under Section 34 of Act 1996 and set aside award dated 31.07.2002 delivered by Sri S.C. Attri, sole Arbitrator (retired Superintending Engineer), U.P. Jal Nigam, Meerut.
(2.) Facts in brief giving rise to this appeal are that UP Jal Nigam, Varanasi (hereinafter referred to as "UPJN") invited tenders to carry out certain works pursuant whereto, appellant submitted tender alongwith terms, conditions, specification of items of works against lump sum rate of Rs. 15,25,000/-. The tender was submitted by appellant vide letter dated 22.08.1984. In the aforesaid letter one of the conditions mentioned, read as under: "All disputes, if any arises, will be settled through arbitration."
(3.) Respondent UPJN accepted the tender vide letter dated 03.06.1985, after negotiation with appellant with regard to reduction of certain rates. In original tender, supply of material was to be made at Divisional Store, Varanasi whereas the appellant in his letter dated 22.08.1984 had specified it at the site of work. Respondents vide letter dated 03.06.1985, subject to reduction of certain rates, accepted tender offered by appellant, without expressing any disagreement with respect to condition contained in tender letter submitted by appellant that all disputes shall be settled by Arbitration.;