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 Act. The latter had challenged the arbitral award.

2. The appellant had issued a contract order to the respondent for supply of 700 metric tons of Dal Arhar @ Rs.5184/- per qtl. between 1st to 15th of August, 2012. A Performance Bank Guarantee dated 03.05.2012 for an Page 2 of 10 amount of Rs.36,28,800/- was furnished by the respondent. The Dal Arhar 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. Ho