- (1.) The present revision petition has been preferred against the order dated 13.10.1995 passed by the learned Additional District Judge, Chandigarh, whereby the appeal filed by the respondent against the order dated 07.09.1991 passed by the learned Special Judge First Class, Chandigarh, has been allowed.
(2.) Erstwhile, Haryana State Electricity Board (for short 'Board') filed the application under Order 20 of the Arbitration Act, 1940 (for short 'Act') for referring the dispute to the arbitrator.
(3.) As per averments in the application, petitioner-Board invited the tenders for the supply of M.S. Channels 75 x 40 mm 40 M.T and M.S. Channels 100 x 50 mm 40 M.T. In response to the tenders inquiry, respondents submitted its tender inquiry which was accepted by the petitioner and purchase order dated 27.12.1984 was placed with the respondents and a valid contract was entered into between the parties. There was a clause for referring the dispute to the Arbitrator as per the provisions of the Act. As per the time schedule, respondents were required to supply the material up to 03.01.1985. But, it failed to supply the material within stipulated period. Thereafter, number of letters were written to the respondent to comply with the terms and conditions of the contract and to supply the material. But, respondents failed and neglected to carry out the commitment as laid down in the contract agreement. On account of the failure of the respondent, the petitioner-Board suffered a loss of Rs. 48,600/- which is recoverable from the respondents. Hence the petition.;