1. Validity of fixation of grid tariff rate under S.46 of the Electricity (Supply) Act, 1948 (hereinafter referred to as 'the Act'), refund of amount paid was claimed and demand for the dues on basis of such rate was disputed by respondent in two arbitration proceedings. Umpire having made award in favour of the respondent, appellant objected to it in court. Not being successful in its objection, this appeal has been filed under S.39 of the Arbitration, Act (hereinafter referred to as 'the Act').

2. Respondent is a company carrying on business of supply of electricity to consumers. In the year 1957 it obtained a licence under S.3 of the Indian Electricity Act, 1910 for supply of electricity to consumers in towns of Rae - bareli, Pratapgarh, Sultanpur, Mahrajganj, Salon on Jais. While so supplying, appellant was constituted and respondent entered into an agreement on 31-5-1965 with appellant for getting bulk supply of electricity from appellant so that it can supply the same to the consumers in the aforesaid towns. In the agreement rates at which respondent was to pay were provided. There was a clause for arbitration in the written agreement. After the agreement while appellant was