S.S.SUDHALKAR, J. - (1.) BY this appeal, the appellant is challenging the order of the learned Additional Civil Judge (SD) in Arbitration case No. 7 of 1997 as also the award of the Arbitrator.
(2.) THE appellant is the Electricity Board. Respondent company manufacturers transformers. On 24.4.1987 (Annexure C/2) the appellant placed an order for supply of 1500 transformers of 25 KVA. Respondent submitted to the appellant drawings pertaining to the general assembly and core coil assembly of transformer as per specification vide letter dated 14.5.1987 (Annexure C/5) which were approved by the appellant, subject to certain observations. Clause No. 9 of the purchase order dated 24.4.1987 was sought to be amended by letter dated 15.5.1987 to the effect that the date of inspection of the transformers will be considered as the date of delivery. This letter is annexed as Annexure C/4.
(3.) THE supply was to be completed @ 167 transformers per month by April 10, 1988 after it was commenced 45 days from the date of approval of the drawings. The time was the essence of the contract. However, the shortfall of a month was to be allowed to be completed during the next month without imposition of penalty.;