COAL INDIA LTD. Vs. COAL LINKERS LTD.
HIGH COURT OF CALCUTTA
COAL INDIA LTD.
Coal Linkers Ltd.
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S.B. Sinha, J. -
(1.)This appeal arises out of a judgment and order dated November 3, 1995 passed by a learned single Judge of this. Court whereby and where under an application filed by the Appellant under Ss. 30 and 33 Arbitration Act, 1940 was rejected. The fact of the matter is as follows:
A notice inviting tender was issued by the Appellant for transportation -cum -Dump operation in 198,1 pursuant whereto the Respondent quoted its offer by its letter dated October 20, 1991. The said offer was accepted by the applicant on July 6, 1982 and a formal agreement was entered into for transportation -cum -dump operation (composite job) at Kanpur on August 28, 1982 which contained an arbitration clause. The said arbitration cause reads thus:
In the event of any dispute or difference arising out of or in connection with this agreement, the same shall be referred to the sole Arbitrator to be appointed by the Chairman or Chief C.M.C. of the Company, whose decision shall be final and binding on the parties.
(2.)The said contract of the first instance was for handing 5000 M.T. Steam Coal per month. The Respondent after completing the formalities as mentioned in the said contract duly started the said work of transportation -cum -dump operation of coal through Kanpur Stockyard.
(3.)On or about July 13, 1983 an interim agreement modifying Clauses 40, 41 and 42 of the said agreement dated August 28, 1982 was entered into by the parties thereto. On May 22, 1984 the Respondent was awarded the job by insurance of a work order of handling rail borne by the Appellant, the rates wherefore was mentioned at Rs. 28.65 per M.T. including the charges for supervision, transit shortage, unloading/re -loading supervision,, transportation, but excluding octroi charges. There exists a dispute as to whether by reason of said work order a concluded contract was arrived at or not. However, the aforementioned agreement dated August 28, 1992 and subsequent interim agreement dated July 13, 1983 were extended from time, to time.
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