SABYASACHI MUKHARJI, J.

( 1 ) THIS is an application under Section 34 of the Arbitration Act, 1940. The application relates to a suit filed under Order 37 of the Code of Civil Procedure. In the suit the plaintiff has claimed a decree for Rupees 1. 07. 604. 64 P. against the applicant. The claim is bused on certain hundies drawn and accepted by the applicant in respect of certain goods delivered against the challans by the plaintiff. That the hundies were drawn and accepted in discharge of delivery of the goods is apparent from the hundies - negotiable instruments - themselves which are annexed to the plaint. The suit was filed on the 5th February, 1974, and this application was made under Section 34 of the Arbitration Act, 1940, or, the 12th March, 1974. It is the case of the applicant that the goods which were delivered by the plaintiff-respondent were defective and damaged and there was also failure to deliver the goods in time as a consequence whereof the applicant had suffered damages and in respect of which the applicant is entitled to claim the damages. The goods were delivered under certain contracts and that position is undisputed. These written contracts contained arbitra

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