( 1 ) THIS is an appeal against an order passed by G. K. Mitter, J. on the 21st September, 1961 whereby he made an order staying the suit instituted by Dunichand Sons and Company, against Fort Gloster Industries Ltd. , under Section 34 of the Arbitration Act. The facts are as follows: By a contract dated 18th October, 1960, put through by brokers, the petitioner, Fort Gloster Industries Limited (hereinafter referred to as the "appellant" (sic. respondent ?)) agreed to sell, and the respondent (sic. apellant) firm Dunichand. Sons and Company, (hereinafter referred to as the "respondent" (sic. appellant)) agreed to buy, 50,000 yards hessian cloth 40" x 10 at the rate of Rs. 54. 50 Np. per hundred yards, on terms and conditions contained in the Standard Contract of the Indian Jute and Hessian Exchange Limited, relating to transferable specific delivery of jute goods, including the usual arbitration clause, referring all disputes to the arbitration of the Bengal Chamber of Commerce and Industry, Calcutta. On the 21st February, 1961 the appellant gave shipping instruction to place the goods per S. S. "city of Philadelphia". On the 28th February, 1961 the respondent tendered a