JUDGMENT

Paul, J. -- 1. This appeal under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) takes exception to the order dated 4.11.2019 (Annexure A-18) passed by Commercial Court, Bhopal in MJC No. AV-82/2019 whereby the application preferred by the appellant under section 9 of the said act is disallowed by the Court below.

2. The admitted facts between the parties are that pursuant to a Notice Inviting Tender (NIT) dated 14.8.2013 (Annexure A-1), the appellant submitted his bid for supply of IV Ringarlectate Injections, IV Dextrose with Saline 5% an IV Sodium Chloride and he was awarded the said contract. The appellant supplied the said material which was received by the hospital on 3.3.2015. The appellant received a show cause notice dated 1.8.2015 (Annexure A-3) wherein it is alleged that the appellant supplied two bottles of Dextrose 25% 500 ml for veterinary use. The appellant submitted his reply dated 1.8.2015 (Annexure A-4). He submitted his explanation in the said reply. This reply was followed by another show cause notice dated 4.8.2015 (Annexure A-5) wherein similar allegations were made. The appellant filed reply dated 4.8.2015 (Annexure A-6) wh