V.K.Gupta, J. - (1.) -This Appeal under section 39 of the Arbitration Act 1940 is directed against a Judgment dated 20th May, 1999 passed by the learned single Judge of this Court in G.A No. 3367 of 1998 whereby the learned single Judge, while dealing with an application filed by the Respondent Rashtriya Pariyajana Nirman Nigam Ltd. for setting aside the Arbitration Award, has upheld a part of the Award and set aside a part thereof. The Appellant, Industrial Associates is aggrieved by that part of the Judgment of the learned single Judge whereby he has set aside the Award to the extent of claims 2, 3 and 5 and has filed the present Appeal challenging the Judgment to that extent. The other connected Appeal filed by Rashtriya Pariyajana Nirman Nigam Ltd. similarly challenges that part of the Judgment of the learned single Judge whereby the Award has been upheld to the extent it allows claims 1 and 4, thus refusing to set aside the Award to that extent. This common Judgment was therefore disposed of both the aforesaid Appeals.
(2.) Brief facts leading to the filing of the Appeals are that Rashtriya Pariyojana Nirman Nigam Ltd. (RPNNL, for short) sent an invitation to offer to the Appellant Industrial Associates (I.A., for short), for supply of fire bricks and acid resistant bricks for lining of three number of R.C. Chimneys of 150 M.T. height which RPNNL was to erect and construct at Bokaro Thermal Power Station of Demodar Valley Corporation. The opening part of the letter dated 6th May, 1983 reads as under : "We are constructing 3 Nos. R.C. Chimneys of 150 M.T. high at Bokaro Thermal Power Station. We have the proposal to use fire bricks and Acid resistant bricks for lining of all the three chimneys. A detail specification be enclosed and the reference drawing can be seen on any working day in our Calcutta Office. The total requirement of the bricks and Moriers for each chimney is reflected below :- * * * * * * * * * * * * * * * * * *
(3.) This letter also inter alia mentioned as under :- "The total requirement for one Chimney shall have to be supplied within 30 days time from the date of issue of purchase order. The balance quantity i.e. for rest? Chimneys, the total materials shall have to be supplied within 90 days from the date of issue of purchase order. It may be mentioned that the purchase order may be split into three or two or single purchase order at the discretion of NPCC Limited.";