second
respondent) at Frankfurt. This was done under terms and conditions
printed on the reverse of the airway bill. On 30.08.1990, Lufthansa
Airways, by mistake ... filed by Tej Shoe in 1993. The conditions of the
contract printed on the reverse of the airway bill clearly stated that
shipper
final receipt. After the contract is
FAO (OS) 224/2009 Page 11
discharged by such accord and satisfaction, neither the
contract nor any dispute survives ... signed earlier - contained a printed clause to the effect that "I/We have
no further claim..." under the Contract, beyond the net amount
were
completed giving rise to a binding contract..."
25. It is apparent that whether a binding contract, or agreement was entered into
between ... involve itself in the exercise of
implementing the contract, particularly in relation to payments, release of prints, payment
of additional consideration, the manner of calculating
2436/2008 Page 5
arbitration agreements, embodied in the contracts. As the previous portions of this order
would reveal, there is no dispute between ... contrary.
15. All the disputed contracts- and they are three of them, are in similar, printed form.
Some of the terms are as follows
Union of India, quantities of news-prints. The
quantities and the rates were agreed upon. The contract conditions
stipulated, inter alia, that every batch
certificate/full and final receipt.
After the contract is discharged by such accord
and satisfaction, neither the contract nor any
dispute survives for consideration. There ... payment of say Rupees Ten Lakhs as due in
terms of the contract. The employer admits the
claim only for Rupees six lakhs and informs
contract where
goods were delivered, post delivery, bills have been
raised and in the said bills, referred to as debit memo,
terms have been printed ... Parties have to be ad idem on material terms of the
contract when they enter into a contract and not post
execution of the contract
case of need, either time is extended or further right to re-print
the same and subsequent editions is granted to the same publisher licensee ... Biztantra. The plaintiff, as such, was guilty of breach of Contract and
commitment, even though admittedly the Defendant has not violated the terms
first respondent in the wake of apprehension of workers that the printing work of the national edition of the 'Hindustan Times' was being ... shifted. It is alleged that the latter had assured that no printing work would be shifted to any outside agency except on exigencies of work
Respondents has shown that said 'No Claims Certificate'
which is printed document and it was the case of the Claimants
that the Claimants ... which may please be obtained from them before releasing
payment of the Contract against their 18th and final bill." Again,
at pages
