JUDGMENT :

GOUTAM BHADURI, J.

1. This appeal is against the order dated 02.01.2017 passed by the Commercial Court, Raipur, whereby the appeal filed by appellant herein against the award dated 15.07.2012 passed by Sole Arbitrator was affirmed by the Commercial Court. The Arbitrator has awarded a sum of Rs. 3,71,80,584/- with interest in favour of respondent.

2. Brief facts of the case are that the appellant Bharat Aluminium Company Ltd offered a Notice Inviting Tender (NIT) for mining and transportation of 3,70,000 MTs of Bauxite from Mainpat Mines to its Alumina Plant at Korba (Chhattisgarh). Respondent Ramesh Kumar Jain Proprietor of R.K. Transport Company submitted its tender quoting @ Rs. 697/- per Metric Ton which was the lowest bidding and as such on 11.12.1999 the agreement was entered between BALCO-Appellant and the Claimant/respondent governing contract. Thereafter, in terms of contract, by letter dated 20.01.2000, work was awarded for mining and transportation of 2,22,000 MTs of Bauxite from Mainpat Mines to Alumina Plant of Balco at Korba amounting to Rs. 14,07,92,400/-