PRABIR KUMAR MAJUMDAR, J. :-­ This appeal is against the judgment and order dated 10th September, 1984 passed by a learned single Judge of this Court staying the Suit No. 697 of 1983 of the appellant under S. 34 of the Arbitration Act, 1940.

2. The suit was filed on the basis of several contracts entered into between the plaintiff and defendant. The appellant/plaintiff had filed a suit against the defendant for price of goods sold and delivered.

3. The respondent made an application under S. 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 claus