JUDGMENT

Dharmesh Sharma, J.

1. This judgment shall decide the present appeal preferred by the appellant/claimant under Section 37 of the Arbitration and Conciliation Act, 1996 [The Act] read with Section 13 of the Commercial Court Act , 2015 [CC Act] assailing the impugned judgment dated 27 May 2020 passed by the learned Single Judge of this Court in OMP (COMM) No. 365/2017, thereby partly allowing the petition/OMP filed by the appellant/claimant under Section 34 of the Act where the impugned Award dated 26 May 2017 was challenged.

FACTUAL BACKGROUND:

2. Succinctly stated, the respondent floated a tender on 25 October 2012 for supply of 1,41,309 Light Weight Ground Sheets [Goods] and pursuant thereto, an offer was made by the appellant/claimant on 26 November 2012 to supply the material @ Rs. 501/- per piece aggregating to Rs. 7,07,95,809/-. This offer was accepted on 13 December 2013 inter alia incorporating that the contract was to be governed by DGS&D-229 [Directorate General of Supplies and Disposals] with upto date addendum and the conditions contained in form DGS&D-68 (Revised). [DGS&D-68 (Revised): 14. Delivery - (1) Time for and date of delivery; the essence of the contract