1. On a difference arising between two learned Judges of this Court, this appeal under Sec.39 of the Arbitration Act (hereinafter called the Act ) has been placed before me.

2. It appears that the appellants filed an application purporting to be under Sections 8, 14 and 20 of the Act, for the purpose of referring a dispute arising between them and the State of Bihar and its officers in respect of a construction work allotted to the appellants. The appellants had entered into a contract with the respondents for doing some earth work in connection with an Irrigation Scheme. The work could not be completed within time. According to the appellants this happened because they came across semi-hard rocks and there was famine-condition in the vicinity. Extension of time, prayed for, was, however, not allowed. By a letter dated the 15th of June, 1967, the appellants were asked to show cause why penalty as per terms of the contract should not be imposed on them. Ultimately, the contract was rescinded by a subsequent letter dated the 8th of March, 1968. Thus, the appellants served a notice under Section 80 C.P.C, and ultimately filed the present application for reference of the matter