JUDGMENT

(Oral)

The hearing has been conducted through video conferencing.

1. The present petition has been filed by petitioner seeking appointment of a Sole Arbitrator under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 for adjudication of disputes with the respondent.

2. Petitioner is a company incorporated under the Companies Act, 1956, who is engaged in the business of manufacturing of mustard oil. Respondent is a Government organization under the Ministry of Defence, who invited bids for supply of 20500 metric tonne (MT) edible oil vide proposal No. 62801/Q/1/RPF/Edible oil/2020- 21/ APO/PUR-IV, dated 04/02/2020.

The petitioner claims to have participated in the bid and submitted the requisite documents and EMD of Rs. 1,15,13,786/. The bid of petitioner was accepted by the respondent vide its acceptance of tender letter dated 22.05.2020, reference No. 62801/20-21/RMO/APO/AT-5 to AT-13 as per the request for proposal dated 04/02/2020.

3. According to petitioner, due to Covid pandemic, lock down/curfew was imposed all over India from 25.03.2020 and due to lack of manpower and inability to procure oil seeds, the production in petitioner’s factory stopped