Salil Kumar Datta, J. - (1.) THIS is an appeal against an order dated May 22, 1972 passed by Salil Kumar Roy Choudhury, J. directing that the arbitration agreement contained is the contract for supply of 400 K.W. Diesel Generating set by the respondent to the appellant be filed in this Court. There was a further direction that disputes mentioned in the petition be referred to the arbitrators to be appointed in terms of the arbitration agreement contained in Clause 29 of the general terms and conditions of the respondent and in default the parties would be entitled to apply to this Court for appointment of an arbitrator.
(2.) THE appellant, the Abu Road Electricity and Industries Co. Ltd. is engaged in supply of electricity in Abu Road and neighbouring areas. For increasing its capacity for supply of electricity, it approached the respondent, who carries on business inter alia of import of machinery, for supply of generating sets. The respondent, it appears, during 1962-63 offered to supply to the appellant 200 K.W. Diesel generating set in terms of its letters dated March 29, 1962, August 20, 1962 and November 2, 1963 as also other letters. As the appellant was interested is diesel generating set of 400 K.W. capacity, following further correspondent, the respondent made a revised offer for such set, to be imported from U.S.S.R., by its letter of April 10, 1964. While the letter contained inter alia terms of payment of delivery as also charges for erection or alternatively for providing one supervising engineer for supervising, installation, there was the following endorsemest on the front page in the said letter at the bottom in red print: "All quotations and contracts are subject to Calcutta High Court jurisdiction and to our standard terms, an extract of which is reproduced on the back".
(3.) THE reverse pages of the said letter of April 16, 1964 contained "Extract from General Sale conditions applying against orders and quotations." Clause one of the said extract is as follows:-- "1. Purchaser's orders are accepted strictly on the understanding that purchaser accepts our general sale condition.........";