1. Present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “Act, 1996”) challenging the arbitral Award dated 8th August, 2000 passed by the Sole Arbitrator, Mr. B.L. Nishad, Additional Legal Adviser, Ministry of Law and Justice.

2. Briefly stated the facts of the present case are that on 2nd February, 1996 a tender enquiry bearing No. J-12015/1/96-Pur.III was floated for procurement of 7300 MTs Gram Whole by the Army Purchase Organisation with the following schedule :-

Delivery Period

Quantity

16-31 March, 1996

1825 MT

01-15 April, 1996

1825 MT

16-30 April, 1996

1825 MT

01-15 May, 1996

1825 MT

3. On 19th March, 1996, the contract for supply of 6000 MTs Gram Whole was placed upon the petitioner-objector with the following details :-

Delivery Period

Quantity (MT)

Rate/Qtl (Rs.)

16-31.3.96

525

Rs. 1017/-

01-15.4.96

1825

16-30.4.96

1825

01-15.5.96

1825

4. On 26th March, 1996, petitioner-objector acknowledged the acceptance of tender but requested the respondent-claimant for rescheduling the delivery period from 15th March, 1996 to 15th April, 1996.

5. Thereafter on 12th April, 1996, 28th May, 1996, 17th July, 1996 and 10th Se