Sambhu Charan Ghosh, J. - (1.) The instant appeal is directed against a judgment and order dated March 6, 1973 passed by the Court of first instance. By the said Judgment and Order, the learned Judge ordered an arbitration agreement contained in the parent agreement bearing No. 1/68-69/MP/ BNG/69-71 dated 15th September, 1969 to be filed under section 20 of the Indian Arbitration Act hereinafter referred to the said Act and further ordered, the reference of the disputes and differences mentioned in paragraphs 7, 8, 10, 11 and 12 of the petition filed by the respondent under section 20 of the said Act to the Arbitrator to be nominated in terms of the said Arbitration Agreement by the General Manager, South Eastern Railway. The appellant before us does not impugne the filing of the said agreement and reference of the disputes mentioned in paragraphs 11 and 12 of the petition to the arbitrator.
(2.) The petition appears at pages 3 to 14 of the Paper Book. Paragraphs 7, 8, 10, 11 and 12 of the petition appear at pages 9 to 12 of the Paper Book. The respondent B. N. Guha & Co., in answer to an invitation to submit tender by the appellant Union of India for wooden sleepers of various sizes and specifications to Union of India, on or about August 20, 1968 submitted a tender for supply of Wooden Sleepers to tho appellant Union of India for the South Eastern Railway from the forests of Madhya Pradesh. On or about 28th December, 1968, the respondent revised its above mentioned offer and submitted a revised offer. The offer made by it on December 28, 1968 was further revised by the respondent when it submitted a revised offer on April 23, 1969. The revised offer mentioned hereinabove of December 26, 1968 and April 25, 1969 appear at pages 118 to 121 and 122 to 125 respectively, of the Paper Book.
(3.) The respondent in the revised offer dated April 25, 1969 agreed that it would not ask for payment of price in respect of any of the sleepers supplied until a formal contract was executed between the parties.;