A.Chakrabarti, J. - (1.) This is an appeal against the Judgment and order passed by a learned single Judge of this Court on an application under section 34 of the Arbitration and Conciliation Act, 1996. Facts relevant, as appear from the records, are that respondent issued Tender inviting offer for entering into yearly rate contract for the supply of common (industrial grade) salt by railway rakes as per specifications for its Nagaon and Chcher Paper Mills in Assam. The appellant made an offer at the rate of Rs.625/- per metric ton which was accepted by the respondent and rate contract dated 13th May, 1999 was entered into for supply of 50,000 metric tones of common (industrial grade) salt at the said rate of Rs.625/- per metric ton duly packed in new HDPE bags.
(2.) In terms of the said contract, the appellant from time to time sold and delivered to the respondent 2332.800 metric tones. 2331.750 metric tones and 2351.175 metric tones of common (industrial grade) salt aggregating to 7015.725 metric tones by despatching the same by rail raising three invoices aggregating to Rs.43,84,829/-.
(3.) At the request of the respondent as a very special case the appellant also sold and delivered to the respondent 2219 metric tones of common (industrial grade) salt at the rate of Rs.411/- per metric ton by despatching the same by rail to Panchamgram and raised invoice for Rs.9,12.009/-.;