( 1 ) THE respondent has constructed a thermal electric power generation plant, (for short "the power plant") at eklahare, Nashik. Coal is used for firing boilers. Ash generated by burning of coal, known as fly ash released in the air is a potential health hazard. At one point of time, fly ash was regarded merely as an industrial waste, requiring proper care and attention for its disposal. On 14th September 1999, a notification was issued by the government of India in the Ministry of Environment and Forest inter alia setting out guide-lines for the disposal of the fly ash. Fly ash, which at one time was merely an industrial waste, appears to have become saleable bye produce on account of new technology alleged to be developed by the petitioner. Fly ash is used as a raw material for the production of a substance called "pozzocrete" used for surfacing roads which reduces use of cement concrete and strengthens and increase life of roads.

( 2 ) ON 4th October, 2002 an agreement was executed between the petitioner and the maharashtra State Electricity Board, the predecessor in title of the respondent, under which the respondent agreed to supply to the petitioner the Pul