JUDGMENT

Najmi Waziri, J. (Oral)--The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. This appeal under section 37 of the Arbitration and Conciliation Act, 1996 impugns the order dated 28.04.2022 passed by the Commercial Court-02, Patiala House Courts, New Delhi in OMP (COMM.) NO. 137/2019 titled as "Union of India & Anr. Vs. M/s Indian Agro Marketing Co-Operative Limited, which dismissed the appellant's petition under section 34 of the said Act. The latter had challenged the arbitral award.

2. The appellant had issued a contract order to the respondent for supply of 500 metric tons of Whole Gram @ Rs.3623/- per qtl. between 1st to 31st of July, 2012. A Performance Bank Guarantee dated 12.03.2012 for an amount of Rs.18,11,500/- was furnished by the respondent. The Whole Gram was to be purchased from wholesale mandis only, without the involvement of any middlemen and it had to be `fresh items'. Documentary proof apropos procurement of the grains was to be furnished by the claimant. Other conditions/stipulations required that the respondent/supplier should not be acting as an agency of any other person. However, the Whole Gram could not be procured