JUDGMENT :

R.F. NARIMAN, J.

1. Leave granted.

2. The present case involves the question as to whether an arbitration clause would spring into being at the stage of Letter of Award (referred to as ‘LOA’ for brevity) acceptance, or whether it would be necessary to sign the ultimate agreement which would then bring in the arbitration clause contained therein.

3. The skeletal facts necessary to appreciate the controversy in the present case is that a Request for Proposal (referred to as ‘RFP’ for brevity) was sent out by the appellant for road construction in the State of Meghalaya. The LOA so far as the RFP is concerned, is by a letter dated 31.10.2014, in which the Government of India referred to the bid document and requested for return of a signed copy of duplicate LOA as its acknowledgment within seven days of the receipt of the LOA. It was clearly stated therein that “Thereafter, you are required to execute the Contract Agreement within 15 days from the date of issue of LOA as per clause 1.3 of the RFP……….”

4. In answer to this letter, on 05.11.2014, the respondent accepted the bid proposal and enclosed a copy of the LOA received by fax duly signed with an acknowledgment. By a further