The subject matter of challenge in the instant application under Article 226 of the Constitution of India is a telex message which is annexure 'E' to the petition whereby supplies of coal by road to the petitioner was kept in abeyance till further advice.

2. The matter was very hotly contested by the parties and numerous decisions were cited at the Bar although the subject matter of the points in issue does not necessitate the discussion of tile plethora of cases cited at the Bar. Tile short facts leading to the case are as follows:-

3. Pursuant to an advertisement made by Coal India Ltd. in the year 1986 for installation of a Stockyard at Barasat, 24-Parganas (North) the petitioners were ultimately appointed as the Transport Contractor-cum-Dump Operator for Coal India Ltd in respect of the Stockyard at Barasat, 24-Parganas (North) (hereinafter referred to as the stockyard) on and from January 1, 1987. A formal contract was entered into between the parties and Clause 16 of the terms and conditions of the said formal contract provides that any dispute or difference arising out of or in any way touching or concerning the contract shall be referred to the sole arbitrator to be nomi