C. C. Bharuka and J JJ.

1. This appeal has been preferred under Sec.39 of the Arbitration Act, 1940 (hereinafter the Act only) against the order dated 26-7-1993 passed by Subordinate Judge-I, Hazaribagh in Title (Arbitration)Suit No.30 of 1992 by which one Shri Satya R. Kar Roy of Doranda has been appointed as sole arbitrator for resolving the disputes between the parties.

2. The appellant Central Coal Fields Limited had entered into an agreement with the respondent No.1 Bhardwaj Construction Company for transportation of coal from West Bokaro Group of Mines to Giddi washari pursuant to Tender document No.91 of 1976-77. Clause 9 of the said agreement provides for arbitration in the following terms : -

"if any dispute, question of contrary, the settlement of which is not herein specifically provided for shall any time arise between the central Coal Field Limited and the Contractor/contractors touching this agreement or any clause or anything herein contained on the construction thereof or any matter connected with this agreement or the operation of the same of the rights of duties or liabilities of either party then and in ever such case either party shall forthwith give to