JUDGMENT :

1. Special leave granted.

2. Heard counsel for both the parties. The claim in paragraph 6 of the notice dated July 26, 1976 was in relation to the purchase of material for Rs. 11.300/- (exclusive of E.O. & C.S.I.) as against the contractual rate of Rs. 4,390/- p-' Km. exclusive of E.O. & C.S.I. and it was this difference which was claimed by way of damages. The rate had increased from time to time between 31.3.1974 and 26.5.1975 by which time the order for purchasing the material was placed with' M/s Industrial Cables Ltd., Delhi. and thus the differential amount of Rs. 87.81,465.CC (sic) was claimed as loss suffered on account of breach of contract. It will thus be seen that under this claim in paragraph 6 of the notice the rate at which the purchase was made is stated to be Rs. 11,300/-, the party from which the purchase was made is stated to be M/s Industrial Labels Ltd., Delhi. and the relevant period referred to is 31.3.1974 to 26.5.1975. As against that if we turn to the claim made before the Arbitrator we find that the rate is stated to be Rs. 12,100/-, the party which supplied the material is to be M/s J.J.H. Industries, New Delhi, the relevant date is gated to be