NAJMI WAZIRI, J.

1. This appeal under section 37 of the Arbitration and Conciliation Act, 1996 (“Act”) impugns an order passed by the learned ADJ dismissing the appellant’s objections to the Arbitration Award dated 20.01.2016.

2. The facts are that in an open tender floated by the Ministry of Defence (“MoD”), the appellant was awarded a contract for the supply of 5,000 tyres of the specification: LV6/MT 14 2610-001519 Tyre PNEU 12.00X20, 18 PR CC (applicable to 5/7.5 Ton 4x4 Stln). They were also issued a Bulk Production Clearance (BPC) on 30.10.2009. As per the appellant/claimant, no separate letter was issued to them for fixing the Delivery Period (DP) post the issuance of the BPC. However, on 03.05.2010 the claimant received a letter from the respondent specifying therein that as per Schedule A, already issued on 10.09.2009, the delivery schedule of the tyres i.e. 180 days from the receipt of BPC. Notably a date was added in it “bulk supply to be completed in 180 days from the date of receipt of BPC” i.e. by 17th May, 2010, which included several days consumed in delivery of post. As per the claimant, since they received this letter only on 07.05.2010, they were given on