JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 17.07.2018 passed by the High Court of Punjab and Haryana at Chandigarh in F.A.O. No. 1399 of 2015 (O&M), by which the High Court has allowed the said appeal preferred under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, ‘the Arbitration Act’) and has set aside the award dated 17.11.2005 passed by the arbitrator as well as the order dated 25.09.2014 passed by the first appellate Court – Additional District Judge, Chandigarh, the original claimant – respondent before the High Court has preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under :

That the appellant herein – Haryana Tourism Limited (for short, ‘Corporation’) invited tenders/quotations for the supply of Aerated Cold Drinks at its Tourist Complexes for the period 15.05.2001 to 14.05.2002. The tender submitted by the respondent herein was accepted by the Corporation. As per the agreement, the respondent-company was supposed to pay a sum of Rs. 20 lakhs on account of Brand Promotion which was required to be spent as per mutual agreement between the parties.

2.1