( 1 ) THIS appeal by Damodar Valley Corporation is directed against the judgment and order passed by a Subordinate Judge at Ali-pore dismissing the application made by the said Corporation under Sections 30 and 33 of Arbitration Act, 1940 praying for setting aside an Award or in the alternative modifying the same and if necessary for superseding the Arbitration Agreement between the said Corporation and the Respondent firm M/s. Ikrah Nandi Coal Co.

( 2 ) MATERIAL facts are that in April 1962 D. V. C. invited tenders for supply of 375000 Tonnes of Coal by road. Ikrah Nandi Coal Co. submitted tender on 21-5-1962. After the parties obtain-ed clarification on some points, on June 9, 1962 the Coal Co. submitted fresh tender on the basis of supply about 10,000 tonnes of Grade II R. O. M. Coal per month to be supplied by rail and on June 14, 1962 the D. V. C. placed order for supply of a quantity of coal by a letter of that date mentioning therein terms and conditions which included inter alia provisions for Transportation by Railway wagons and unloading of Coal wagons by D. V. C. by their Wagon Tippler and also provided for the method of sampling and analysis. In that l