( 1 ) THIS order shall dispose of this petition under Section 11 (6) of the arbitration and Conciliation Act, 1996 for appointment of an arbitrator by the petitioner.

( 2 ) THE petitioner contended that in response to an invitation to tender inquiry No. AM-5/rc-14100105/072003/wt/btys/defence/2003-04/75 for supply of battery secondary lead acid, an offer dated 7. 10. 2002 was submitted which was revised by letter dated 8. 4. 2003. On the basis of revised offer dated 8. 4. 2003 a rate contract No. AM-5/rc-14100105/072003/wt BTYS/def/2003- 04/75/bharat/coac/185 dated 5. 5. 2003 for the period 5. 5. 2003 to 16. 3. 2004 was executed between the petitioner and the respondent.

( 3 ) THE rate contract entered with the petitioner contained a price variation clause (Clause No. 12) but the variation factor of the batteries, on account of fluctuation of lead price had not been incorporated. Petitioner asserted that the requests were made to the respondent to incorporate the same. Request was also made to issue amendment towards rate of sales tax. The requests of the petitioner s were, however, complied with almost after one year of letter dated 2. 7. 2004 However, during the pe