JUDGMENT

A.K. Mathur, J.— This appeal is directed against the order dated 22.12.2000 passed by learned Single Judge of the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in S.B. Civil Misc. Appeal No.618 of 2000 whereby learned Single Judge set aside the order passed by the District Judge, Jaipur City in CMA (Arb.) No.256 of 1997 confirming the award dated 4.4.1997 passed by the Arbitrator and issuing a decree in terms of the award in favour of the Rajasthan State Road Transport Corporation (hereinafter to be referred to as the Corporation).

2. The facts giving rise to this appeal are that an agreement was executed between Indag Rubber Limited (hereinafter to be referred to as the Company) and the Corporation on 24.7.1991 for purchase of cold processing retreading plant and retreading material. According to Clause 3 of the agreement, in the cold processing plant of the company no other retreading material except of Indag would be used during subsistence of the contract provided the company supplies retreading material regularly and uninterruptedly as per the need of the Corporation. Clause 4 contemplated that the corporation would purchase retreading material from the c