Arun Chandra Upadhyay, J.

1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996, is directed against the impugned judgment and order dated 22.9.2006, whereby the learned District Judge, Bongaigaon dismissed Misc. Arb. Case No. 5 of 2004 instituted by M/s. Bongaigon Refinery and Petrochemicals Ltd, the appellant herein, for setting aside the arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act).

2. We have heard Mr. K.N. Choudhury, Learned Senior Counsel assisted by Mr. R. Dubey, Learned Counsel for the appellant and Mr. M.S. Sarma, Learned Counsel for the respondent.

3. The facts, leading to tiling of this appeal may be narrated briefly, as follows:-

The appellant, a Government company, floated an enquiry on 16.5.1990, inviting offers for execution of the work of design, fabrication, testing, packing, forwarding and supply of 2 (two) numbers of SO2 Vessels. In the enquiry aforesaid, a Schematic Drawing, Nozzle Orientation, Design Data and special notes were also furnished, fixing 19.6.1990 as last date for submission of the offer. As the Vessel mentioned in the enquiry came under the purview of the Indian Explosives Act,