PRADEEP NANDRAJOG, J.

1. Limited challenge was made by the appellant to an award dated February 16, 2015 passed by the learned sole Arbitrator. Counter claim by the respondent for damages in sum of Rs.1,38,58,650/-(Rupees One Crore Thirty Eight Lacs Fifty Eight Thousand Six Hundred and Fifty only) awarded by the learned Arbitrator was challenged. The appellant was unsuccessful in the challenge to the award. Vide impugned decision dated May 06, 2015 OMP No.291/2015 filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 has been dismissed.

2. It is not in dispute that the appellant had indented for 1075 quintals of onion seeds with the respondent and only 394 quintals were lifted. 681 quintals remained un-lifted. Agreed price was Rs.300/-per kg.

3. Parties are not at variance that if there is a breach of contract for sale of movable property, the measure of damages for the seller is the difference in the market price of the goods on the date when the buyer defaulted and the agreed sale price; subject to the parties agreeing in the contract as to wha