JUDGMENT

This appeal by special leave under Art. 136 of the Constitution is against the order of the High Court of Rajasthan dated July 7, 1983. The appellant a partnership firm consists of nine partners of which Satya Narain is one of the partners. On July 25, 1973 Satya Narain submitted a tender to the respondents offering to supply 1000 quintals of Gram Dal at the rate of Rs.185/per bag. This was accepted by the respondents by letter dated August 28, 1973 followed by confirmation letter by the firm on August 31, 1973. It is the case of the respondents that the appellant committed breach of the contract and as a result, the respondents filed an application under S.20 of the Arbitration Act, 1940 (for short as the Act) before the District Court for making reference for arbitration in terms of the contract. The Addl. District Judge after considering the evidence and the objections allowed the application and referred the dispute for arbitration. Against that order, the appeal was filed and the High Court confirmed the order of the Addl. District Judge.

2. The contention raised by Sri Sushil Kumar Jain, learned counsel for the appellant is that by operation of S.19(2)(a) of the Indian