JUDGMENT :

Sharad Kumar Sharma, J.

As per the agreement for supply of electricity and energy to the petitioner, a contract was executed between the petitioner and the UPCL, for the purposes of supply of 34 MVA of electricity. As per the terms and conditions contained under the Supply Agreement under Clause 18, it had provided that if there arises any controversy emanating from the terms and conditions of the contract, all the disputes, were made referable to the Arbitrator, provided therein, the procedure of which, was supposed to be governed by the provisions of the Arbitration Act of 1940. Clause 18 of the contract, reads as under:-

“18. All disputes and differences between the supplier and the consumer (settlement of adjustment of which is not herein before provided for or arising out of this agreement, shall be referred to a single arbitrator if the parties agree upon one otherwise two arbitrators on to be appointed by the supplier and one by consumer which arbitrator shall appoint before proceedings with the reference and the decision of sole arbitrator of arbitrator or empire as the case may be for shall be final and the binding on the parties and this clause shall in all respec