This is an appeal against a judgment and decree of a Single Judge decreeing a part of the plaintiffs claim upon admission under Order 12 Rule 6 of the Code of Civil Procedure. The facts, in so far as they are material, are as follows:

(2) The plaintiff, Feroze and Co; instituted a suit for the recovery of five lacs of rupees from the defendant which included the security deposits amounting to Rs.l,70,000/- lying with the defendant on account of various contracts entered into by the plaintiff with the defendant, the plaintiff made an application to the Court under Order 12, Rule 6, C. P. C. praying that a decree be passed in its favour for a sum of Rs.l,70,000/- admitted by the defendant in its written statement to be due to the plaintiff firm and payable by it. The defendant resisted this application on the ground that the claim of the plaintiff in respect of the security deposits cannot be decreed unless the plaintiff furnished a no demand certificate as required by clause 17(iv) of the contract entered into between the parties.

It was further pleaded that the Court had no jurisdiction to try the suit and that the suit was not maintainable in view of the arbitratio