R.L Khurana, J.—This appeal, under section 39 of the Arbitration Act, 1940, has been directed by plaintiffs against the order dated 12-12-1996 of the learned single Judge (Surender Sarup, J,), passed in Civil Suit No 227 of 1995. The defendants have preferred cross-objections.

2. The defendants Himachal Pradesh State Electricity Board, invited tenders for the construction of civil works of Baner Project Five tenders were received Being the lowest, the tender of M/s. Sutlej Construction Company Ltd, Chandigarh, was accepted and the work was accordingly awarded to the said company. Subsequently, the contract came to be rescinded and the plaintiff being the second lowest tendered, was invited by the defendant to execute and complete the remaining work at the rates and on the terms and conditions which were earlier contracted with M/s. Sutlej Construction Company Ltd. The plaintiff accepted the invitation, except for revision of their rates of open excavation, underground excavation and final concreting The plaintiff required that the rates as quoted by thin in their original tender in respect of these works should be applicable. After considerable correspondence, an agreement