P.K.Deb, J.

1. This appeal has been preferred under Sec. 39 (vi) of the Arbitration Act, 1940, by the above named defendant-appellant against the order dated 6.11.93 passed by the Sub-Judge, 1st, Ranchi, in Miscellaneous Case No. 3 of 1989, whereby the award published by the Arbitrator has been aside on the move being made by the Respondent No. 1 under Sec. 30 of the Arbitration Act.

2. The admitted facts of the case are that the claimant respondent No. 2 was carrying on business in proprietorship in the name and style of M/s. Footwear and Footwear for the manufacture of safety boots and safety shoes. The appellant defendant Heavy Engineering Corporation (hereinafter referred to as H.E.C.) invited a tender for supply of ten thousand pairs of safety shoes of particular specification and against that tender, the claimant had submitted its rate and after negotiation respondent No. ls tender was accepted and the rate of each pair of shoes was fixed at Rs. 34.70 paise. As per the terms of the agreement and the supply order, it was agreed upon that the payment of bills would be made by the Corporation within ten days from the date of each supply of each consignment. It is also ad