( 1 ) THIS is an application for stay of the suit under Section 34 of the Arbitration Act.

( 2 ) IT is the case of the petitioner that the petitioner had entered into a transaction with the respondent on the basis of an indent bearing No. W/2419 dated 29th June, 1982 for purchase of 12 Metric Tonnes Marg-O-Dark 'hc' as per sample at the rate of Rs. 1000/- per Metric Tonne on terms and conditions contained in the said indent. The said Indent contains an arbitration clause to the following effect :--"any dispute arising out of this indent shall be subject to the Bengal Chamber of Commerce and Industry's arbitration. "according to the petitioner by a letter dated 5-9-62 the quantity mentioned in the said indent was amended and raised to 24 Metric Tonnes out of which delivery of 12 Metric Tonnes was to be immediate and of the balance 12 Metric Tonnes, as and when the same would be required. It is the petitioner's further case that certain materials supplied by the respondent pursuant to the indent, did not conform to the samples and was duly rejected by the petitioner. The petitioner contends that in violation of the arbitration agreement the respondent has instituted th