O. P. Saxena, J. - (1.) THIS is an appeal under Section 39 of the Arbitration Act against the order dated 20th January 1978 passed by Sri N. C. Singh, 1st Additional Civil Judge, Kanpur.
(2.) THE facts giving rise to this appeal are that the respondent is manufacturer of electric fans and water pumps. THE appellant used to purchase the same from the respondent. THE respondent used to draw Hundis on the appellant and the goods were delivered to the appellant on its accepting the Hundis. On 7th January 1970 the parties entered into an agreement for the sale of fans vide copy Annexure 1. On 24th January 1970, the parties entered into an agreement for sale of water pumps vide copy Annexure 2. Clause 19 in both the agreements provided for arbitration. The respondent filed Suit No. 294 of 1976 in the Court of First Civil Judge, Kanpur against the appellant for recovery of Rs. 46,020.97 paise with pendentilite and future interest at 6% per annum.
(3.) THE appellant gave an application under section 34 of the Arbitration Act.;