P.K.Majumdar, J. - (1.) THIS appeal is against the judgment and order dated l0th September, 1984 passed by a learned single Judge of this Court. staying the Suit No.697 of 1983 of the appellant under section 34 of the Arbitration Act, 1940.
(2.) THE suit was filed on the basis of several contracts entered into be- tweet the plaintiff and defendant. THE appellant/plaintiff, had filed a suit against the defendant for price of goods sold and delivered. The respondent made an application under section 34 of the Arbitration Act, 1940 for staying of the suit filed by the plaintiff/appellant inter alia, contending that each of the contracts on the basis of which the suit has been filed contained an arbitration clause and such arbitration agreement covered the subject matter of the suit. It was contended on behalf of the respondent before the Trial Court that each of the said contracts provided that the Project Engineer, Special Project Circle, Coimbatore shall be the Arbitrator for any dispute arising out of the transaction. The appellant, however, submitted before the Trial Court that none of the said eight contracts being the subject matter of the suit contained any arbitration clause and in any event the arbitration agreement, if any, did not cover the subject matter of the suit.
(3.) THE first point urged by the appellant in this appeal was that there was no arbitration agreement between the parties in pursuance of which the matter could be referred to arbitration. According to the appellant, as also has been urged before the Trial Court, purchase orders in the eight different contracts being the subject matter of the suit do not contain any arbitration agreement and hence the disputes between the parties are not covered by any arbitration agreement and as such there is no ground for state of the suit under section 34 of the Arbitration Act, 1940.;