R. N. MISRA, J.

( 1 ) A partnership firm -- M/s. Orissa Fibre runs a factory near Sakhigopal in the district of Puri for manufacture of coir products and fibre materials. It entered into an agreement with the Orissa State Electricity Board -- opposite party No, 1 for supply of electric energy to the factory. The agreement was dated 9-7-1964 and was to be enforced for three years. In terms of that agreement, the petitioner undertook to consume a minimum quantity of energy being 131. 75 KVA at the rate of Rs. 5-50 per KVA which amounted to Rs. 722/- per month. In January, 1965, supply of energy began. In November. 1966, the petitioner was required to pay the minimum charge of Rs. 2,093,28 per month. The petitioner protested against the revision of rates made unilaterally by the Board. When the Board took the stand that the higher rate was the outcome of the revised tariff, the petitioner raised a dispute and wanted the matter to be referred to arbitration in terms of the agreement. On 15-11-1967. a fresh agreement was executed for supply of energy to -the petitioner and the agreement came into force with effect from 112-1967 for a period of 15 years. According to the petitioner it h