( 1 ) THIS appeal arises from an order passed by the Principal Subordinate Judge, Anantapur on 6. 7. 1993 in I. A. No. 18 of 1992 in O. S. No. 79 of 1991, by which it was held that there is no dispute with regard to the payment of amount mentioned under Exs. B. 2 and B. 3 by the defendant to the plaintiff, and therefore, there was no necessity of referring the matter to arbitration.

( 2 ) IT appears that the parties entered into an agreement in the year 1980 for business transactions, which continued upto 1987. In April 1987 certain disputes arose regarding discount, brand, goodwill, development etc. , which could not be settled amicably between the parties. The agreement contained and arbitration clause. Efforts were made to refer the disputes for arbitration, but the same did not materialise. The respondent-plaintiff, eventually caused a notice dated 15-2-1991 to be served upon the appellant-defendant, by which the plaintiff took a stand that there was no need for any arbitration and withdrew its consent for arbitration. A suit was therefore filed for recovery of Rs. 44,14,358. 00 from the appellant-defendant. I. A. No. 18 of 1992 was filed by the defendant allegi