Judgment

P. JAGANMOHAN REDDY, J.: - This appeal is by special leave. The question for consideration is whether there is a binding, valid and concluded contract between the appellants and the Respondents. On an application filed by the Respondents under section 20 of the Arbitration Act a single Judge of the Delhi High Court directed the appellants to file the arbitration agreement to refer the disputes between the parties arising under the contract to arbitrators. An appeal against that order to a Division Bench was dismissed.

2. In order to understand the scope of the controversy, a few facts may be stated. On the 21st March 1968, a notice of Global Tender No. 1 of 1968 was issued by the President of India, therein referred to as the Government of India, Ministry of Railways (Railway Board) proposing to sell 80,000 tonnes of surplus released serviceable and scrap rails, as per details given in the schedule thereto, established buyers abroad or their accredited agents. It invited offers in respect thereof to be addressed to the President of India and sent to Shri R.N. Mubayi, Director, Railway Stores, Railway Board. With this notice were enclosed the general conditions of tender, spe