1. The present appeal has been filed under Section 39 (I)(vi) of the Arbitration Act, 1940 for setting aside the order dated 28.03.2019 passed by the Sub-Judge-II, Dhanbad in Arbitration Case No. 23/1985 as well as the award dated 15.01.1997 passed by the learned Arbitrator.

2. Appellant is the Company against which the arbitral award has been made by the arbitrator and affirmed by the learned Court below. The arbitral Award is for refund of the amount with interest, for supply of the machines by the appellant which were found to be not as per the specification of the tender.

3. For convenience the parties shall be referred to as per their placement in this appeal.

4. The list of dates leading to the present appeal is as under : 14.11.1979 - The claimant/respondent.No.1 invited tenders for supply of automatic weighing cum tipping machines for Namrup III Expansion Project (Project 1025) for the weighing the fertilizer bags at their production lines. 07.02.1980 - In response to it the appellant company submitted its offer. 27.08.1980 - Prior to issuance of purchase order the claimant/respondent No.1 issued letter of intent dated 7.08.1980 for supply of 12 Automatic Weighing cum Tipping