Ashok Bhushan, J. - (1.) Heard Sri P.N. Rai learned counsel for the petitioner.
(2.) By this writ petition ' the petitioners have prayed for quashing the order dated 3.10.2004 passed by the sole Arbitrator disposing the application dated 22.5.2004 filed by the petitioners questioning the jurisdiction of the Arbitrator to proceed with the adjudication of the dispute between the parties.
(3.) Brief facts necessary for deciding the controversy raised in the writ petition are : U.P. State Bridge Corporation issued a tender notice inviting quotation/tenders for supply of Tor Steal Bars. The respondent No. 1 submitted his tender in response to the notice. By an order dated 12.11.1999 rate contract was given to the respondent No. 1 on the terms and conditions contained in the letter. After execution of the contract orders were given on behalf of the petitioners in pursuance of which respondent No. 1 supplied the materials for which certain payments were also made. Clause 15 of the terms and conditions under which the rate contract was awarded provided : "15. In case of any dispute arising out of the agreement or relative to any matter thereto whether during or after the expiration of the agreement, the same will be referred to sole arbitration of any person nominated by the Managing Director, U.P. State Bridge Corporation and the award of sole arbitrator given in such reference shall be final and binding to the parties to this agreement.";