ORDER :

1. Heard learned counsel for the parties.

2. Leave granted.

3. This appeal is directed against the judgment and order dated 3.3.2003 passed by learned Single Judge of the High Court of Jharkhand at Ranchi whereby the learned Single Judge set aside the order dated 24.1.1997 passed by the Sub-Judge IV at Ranchi in Money Suit No. 11 of 1993 whereby the Sub-Judge allowed the prayer of the plaintiffs-appellant and granted interim injunction restraining the defendant-respondent to proceed with the notice and refer the dispute to the arbitration by appointing an Arbitrator.

4. It is alleged that the Chief Engineer, Lucknow Zone, Military Engineering Service Department invited tenders for construction of one R.C.C. overhead tank of 2 lakh gallons capacity at Khojatoli in the District of Ranchi in the State of Bihar (now in Jharkhand) on rates and terms and conditions provided in the contract. The tender of the plaintiff-appellant was accepted and an agreement dated 18.4.1990 was entered into between the plaintiff-appellant and defendant No.2 on behalf of the respondent-Union of India. The agreement provided for commencement of the aforesaid work on and from 22.5.1990 and completion the