CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE REKHA PALLI, J (ORAL)

1. The present appeal under Section 37 (1) (b) of the Arbitration and Conciliation Act, 1996 [the Act] read with Section 13 (1A) of the Commercial Courts Act, 2015 seeks to assail the order dated 22.08.2024 passed by the learned Single Judge in OMP (COMM.) 355/2024. Vide the impugned order, the learned Single Judge has rejected the appellant’s challenge to the arbitral award dated 20.05.2024 by way of a petition under Section 34 of the Act.

2. The brief factual matrix as emerging from the record shows that the appellant issued a Notice Inviting Tender [NIT] on 03.04.2013 for supply of 24 Fibre Metal Free Optical Fibre Cable with double HDPE Sheath (G.652D) and accessories divided into Six Packages (Package ‘A’ to Package ‘F’). The respondent submitted an invitation which was accepted and consequently, two Purchase Orders both dated 25.03.2014 were issued in favour of the respondent, the first being in respect of package ‘A’ for Rs.30,25,28,952.07/- and the second being in respect of package ‘F’ for Rs.71,79,72,748.61/- [collectively goods in issue]. It may also be noted that as per the