PRATHIBA M. SINGH, J.

1. The present petition challenges the impugned award dated 24th June, 2008 passed by the Learned Sole Arbitrator – Justice K.S. Gupta (Retired). The brief background of the case is that a tender was called by the Union of India for supply of batteries. The Respondent submitted its offer on 7th October, 2002. The batteries were “secondary lead acid portable” of 6V 170 AH and 12V 75AH, for which the Respondent quoted a price of Rs. 2070 and Rs.1871 per battery respectively. The supplies were for Defence requirements. The offer given by the Respondent on 7th October, 2002 was considered by the Petitioner and vide letter dated 26th March, 2003, the Respondent was called upon to give its best reduced revised rates. The Respondent thereafter submitted its revised offer vide letter dated 8th April, 2003 and reduced the prices to Rs. 1829 and Rs. 1749 for the 6V and 12V batteries respectively. Supplies were made by the Respondent against various purchase orders.

2. Disputes arose between the parties because the Respondent claimed price variation as per cl