( 1 ) THESE appeals are directed against the order dated 9/03/1989 passed by a learned Single Judge of this Court dismissing theapplications of the appellants filed under Section 34 of the Arbitration Act intheir respective suits. Since the point of law raised in all these appeals iscommon, these appeals are being decided by this common judgment.

( 2 ) THE facts pertaining to one of the appeals viz FAO (OS) 176/89briefly stated are that the State Trading Corporation (hereinafter REFERRED TO to asstc) which is the respondent in all these appeals, entered into an agreement on 26/02/1982 with the appellant whereby it agreed to purchase from theappellant 1850 M. T. of D-30 grade white crystal sugar of 1981-82 crushingseason to be exported by STC. Admittedly the appellant supplied 1406 M. T. of said sugar. Before the contract could be completed, the Government ofindia imposed an embargo on the export of sugar from India. According tothe respondent, it was not under any obligation to lift the balance quantity ofsugar in view of clause 10 (d) of the agreement between the parties which readsas under :-

"this contract is at all times subject to Government of India spermission to