R. N. MISRA, J.

( 1 ) THESE two appeals under Section 39 (1) (iv) of the Arbitration Act of 1940 (hereinafter referred to as the 'act') are directed against two separate decisions of the learned Subordinate Judge of Cuttack allowing the applications under section 20 of the Act and directing the defendant-appellant to file the arbitration Agreement for a reference of the disputes to arbitration.

( 2 ) MESSRS. Tata Iron and Steel Co. Ltd. (hereinafter referred to as the 'company') are holders of a chromite mine located at Sukinda and a dolomite mine in the district of Sundergarh-- both within the State of Orissa. Plaintiff-respondent in these-appeals is a firm of contractors registered under the Indian Part-tier-ship act of 1932 (hereinafter referred to as the 'firm' ). On 8-2-1969, an agreement was entered into between the Company and the Firm (Ext. H) initially for a period of 13 months from February, 1969, but the same had been extended up to Feb. , 1973, whereunder, the Firm undertook to do mining, sorting, cleaning, trimming, blending, transport and stacking of chromite from the chromite mine at Sukinda and to transport the same to rail-head. A similar agreement was entered in