Sanjay Kishan Kaul, J.

1.The respondent was awarded contract for supply of tents and the petitioner carried out the risk purchase at the cost of the respondent and recovered the amount by adjusting the same against amount due to the respondent from other contracts. This gave rise to dispute between the parties and in view of the existence of the arbitration clause between the parties, the matter was referred to the Sole Arbitrator Shri Ram Bahadur. Shri Ram Bahadur rendered and ex parte award which was set aside by this Court by an order dated 18.10.2001 remitting the matter for reconsideration. Therefore Shri Brijendra Singh Meena, Additional Legal Adviser of the Government of India was appointed as the Sole Arbitrator by the Director General of supplies & Disposals. Shri Meena entered upon a reference and made and published the award dated 28.12.2004 upholding right of the petitioner to recover the amount of risk purchase and rejecting the counter claim of the respondent.

2. Learned counsel for the respondent, conscious of the limitations of the powers of this Court under Sections 30 and 33 of the Arbitration Act, 1940 (hereinafter referred as "the said Act"), confines the