MANINDRA MOHAN SHRIVASTAVA, J.

1. This order shall govern disposal of Arbitration Appeal No.43 of 2017 as well as Arbitration Appeal No.46 of 2017 arising out of common order dated 21.3.2017 passed by Commercial Court, deciding application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”) filed by M/s. Univabs Sleepers Pvt. Ltd. (MJC No.7/2016) as also application under Section 34 of the Act of 1996 filed by Union of India (MJC No.16 of 2016).

2. The Union of India and M/s. Univabs Sleepers Pvt. Ltd. both have preferred the aforesaid separate appeals which were clubbed together and heard analogously.

3. M/s. Univabs Sleepers Pvt. Ltd. entered into contract with the Union of India through its competent authority on 2.2.2006 for manufacture and supply of Monoblock Prestressed Concrete Sleepers for Broad Gauge. The contract was initially for a period of two years and one month, to be reckoned from 26.12.2005 to 25.01.2008. Under the contract, M/s. Univabs Sleepers Pvt. Ltd. was to manufacture and supply of 255000 (two lakh fifty five thousand) number of sleepers. Later on, the quantity of supply was enhanced by further qu