( 1 ) THE preliminary objection raised by the respondent is about maintainability of this appeal, which has been filed against the order passed on 19. 2. 1999 by learned Single Judge. Appeal has been preferred under Section 10 of the Delhi High Court Act with a prayer to set aside the execution proceedings instituted by the respondent.

( 2 ) FACTS in brief are that on 1. 8. 1994 parties entered into an agreement by which the appellant agreed to supply 108 Metric Tonnes of Menthol Crystals to the respondent during the period January, 1995 to June, 1996. The appellant could not supply the stipulated quantity of goods within time, therefore, sought extension of time from the respondent. A notice was issued by the respondent to the appellant in repudiatory breach on the appellant s obligation under the contract for supply of remaining quantity of good. On 18. 12. 1995 claim was filed by the respondent before the International General Produce Association, London, U. K. (hereinafter referred to as "the IGPA"), the Arbitral body nominated by the respondent. The claim was for short fall in supply of goods in respect of the period July to December, 1995. Protest was raise