JUDGMENT :

(Goutam Bhaduri, J.)

1. This appeal is against the order dated 29-1-2022 passed by the Judge, Commercial Court (District Level), Naya Raipur, Chhattisgarh, in an unregistered MJC/2022 wherein the order dated 2-12-2021 passed by the Managing Director of the Chhattisgarh State Civil Supplies Corporation Limited (for brevity ‘the Corporation’) was dismissed on the ground that the appeal would not lie, as the order passed by the Managing Director is not in the capacity of an Arbitrator. So it was not an arbitral award. Thus, this appeal.

2. The facts, in brief, are that the appellant – AVI India International LLP, which is a partnership firm, was constituted with two partners. Pursuant to e-auction to purchase the rice available with the Corporation, an agreement was executed in between the parties on 1-4-2021. The agreement was entered for sale of 10,000 MT of rice which was to be lifted within 45 days. At the time agreement, an amount of Rs. 1,10,00,000/- was deposited by the appellant towards the security amount. It is stated that after execution of agreement one of the partner of the appellant’s firm was detected with and suffered COVID infection and eventually breathed hi