( 1 ) THIS appeal is filed under Section 39 of the Indian Arbitration act by the plaintiffs in a suit against an order of the learned Subordinate Judges, Vijayawada graning stay of suit in I. A. No. 1050 of 1972 in O. S. No. 442 of 1971 under section 34 of the Indian Arbitration Act, hereinafter called "the Act".

( 2 ) THE plaintiffs filed the suit O. S. No. 442 of 1971 in the court of the Subordinate Judge, Vijayawada against the Union of Indian represented by the General Manger, South central Railway, Secunderabad (1st defendant) and the Andhra Bank Ltd. , Vijayawada (2nd defendant) , for a decree for Rupees 1,47,085/- in favour of the 1st plaintiff is a firm carrying on construction works by entering into contracts with the Railways. They entered into several contract with the Railways. They entered into several contracts with the Railways. The grievance is that several amounts due to them under the contracts have been wrongfully withheld. It was further alleged that with respect to one contract the 1st defendant committed breach of the contract and that the contractor the 1st plaintiff , is therefore, entitled to recover the suit claim against the 1st defendant.