JUDGMENT

D.P. Mohapatra, J.-Whether the appellant, on the evidence on record, is entitled to the price of hard coke supplied by it to the respondent at the enhanced rate, is the controversy raised in this case. The dispute was referred to an arbitrator pursuant to the arbitration clause in the agreement entered by the parties. The arbitrator held in favour of the appellant and accepted its claim of Rs. 234097.41. A single Judge of the Deihi High Court rejecting the objections raised by the respondent against the award, made it rule of the court. On appeal, the Division Bench of the High Court reversed the order of the single Judge and set aside the award passed by the arbitrator As such the claimant is in appeal before this court challenging the judgment of the Division Bench of the High Court.

2. The factual matrix of the case leading to the present proceeding may be shortly stated thus: The Delhi Development Authority (for short DDA ), respondent herein, floated a tender enquiry on 30th January, 1981 for supply of hard coke. M/s. Indu Engineering & Textiles Ltd., appellant herein, submitted its offer for supply of the material in response to the said notice on 12th February, 19