Rathnakala, J.

1. The judgment and decree passed by 6th Additional City Civil Court, City Civil Judge, Bangalore on his file in Arbitration Suit No. 119 of 2006, dated 17-10-2008 is under attack in this appeal. By the impugned judgment, the learned Court dismissed the suit filed by this appellant/plaintiff under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) came to be dismissed.

2. The plaintiff had filed the said suit to set aside the award passed by the Arbitrator on 5-8-2006.

3. Briefly stated:-

The appellant's predecessor by name M/s. Fletcher Pioneer (India) Private Limited (the previous company since purchased by the appellant, hereinafter for short the appellant) entered into a rock processing/crushing agreement dated 10-4-2002 with Delta Constructions Systems Limited (hereinafter for short the Delta) as per Ex. C. 17, dated 10-4-2002 for crushing of feed rock supplied by the appellant into small pieces. As per the agreement, the actual quantity of feed rock to be crushed in three years was 4,80,000 m.ts. But the actual quantity crushed was 196497 m.ts. Thus there was a short fall of 283503 m.ts of feed rock to be crushe