- (1.) Special leave granted.
(2.) This appeal is directed against the judgment and order of the High Court at Judicature at Bombay dated 5-10-2000 in Appeal No. 144 of 2000 whereby the Division Bench of the High Court affirmed the judgment of the learned single Judge allowing the Arbitration Petition filed by the respondent under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the award of the Umpire dated 30th March, 1998 on the ground of an error of law apparent on the face of the Award. reported in AIR 2001 Bom 240
(3.) The appellant-companies are licensees under the Indian Electricity Act, 1910 (hereinafter referred to as "the Act"). A Power Supply Agreement was executed on 7th July 1971 between the aforesaid companies and President of India represented by Central Railways and Western Railways. Under the agreement electric power is supplied to the railways at a number of points on the railways electrified track route for the operation of the railways electric trains services. Clause 20 of the said agreement contains an arbitration clause which reads as under:- "20.0 : In the event of any dispute or difference at any time arising between the Government and the Companies in regard to any matter arising out of or in connection with this Agreement such dispute or difference shall be referred to arbitration of two arbitrators one to be appointed by each party hereto and an Umpire to be appointed by the Arbitrators before entering upon the reference and decision or award of the said Arbitrators or Umpire shall be final and binding on the parties hereto and any reference made under this clause shall be deemed to be a submission to arbitration under the Arbitration Act, 1940, or any statutory modification thereof for the time being in force. The venue of arbitration shall be Bombay".;