D. M. DHARMADHIKARI, J.

( 1 ) A common order is being passed in this appeal and the connected appeal between the same parties registered as M. A. No. 37/98.

( 2 ) BOTH the appeals arise out of two orders passed on 3-5-1997 and 24-2-1997 by Additional District Judge, Burhanpur in proceedings under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter shortly referred to as 'the Act of 1996' ).

( 3 ) THE facts leading to raising of an arbitration dispute and institution of proceedings under Section 9 of the Act of 1996 are as under :the Nepa Limited invited tenders in April 1996 for sale of coal ash. The respondent Manoj Agrawal submitted his tender. The offer was accepted and agreement was executed between the parties on 25-10-96.

( 4 ) ACCORDING to the case of the respondent Manoj Agrawal (hereinafter referred to as 'the contractor'), contrary to Clause 4. 1 of the contract, the company sent a letter on 28-2-1997 to the contractor compelling him to lift straightway lump sum quantity of 10,000 M. Ts. on payment of full price. It was also threatened that if the quantity was not lifted, it would be disposed of to third parties. The action of the company led to exchange o

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