JASPREET SINGH,J. - (1.) The instant first appeal from order has been preferred under Section 37 of the Arbitration & Conciliation Act, 1996 challenging the judgment dated 6th of September, 2005 passed by the District Judge, Lucknow in Regular Suit No.24 of 2003 whereby the petition under Section 34 of the Arbitration & Conciliation Act 1996 has been dismissed as a consequence the award passed by the Sole Arbitrator dated 03.05.2003 has been affirmed.
(2.) Briefly, the facts giving rise to the present appeal are that on 25.04.1991 an agreement was executed between the appellant U.P. State Food & Essential Commodities Corporation Ltd. (hereinafter referred to as a Corporation) and M/s. Astha Coal Trading (Private) Ltd. (hereinafter referred to as a Company).
(3.) The agreement in between the Corporation and the Company was for the purposes of the distribution and import of slack coal among the eligible consumers as per the direction of the Government of India/State Government. The Corporation was nominated by the State of U.P. for the import and distribution of slack coal for Uttar Pradesh and in accordance with the agreement, the Company was appointed as the handling agent.;