JUDGMENT :

S.K. Ray, J. - This appeal arises out of an order of stay of trial of suit passed u/s 34 of the Arbitration Act by the Subordinate Judge. Cuttack, in M.S. No. 428 of 1971.

2. Plaintiff-Appellant had entered into a purchasing agency agreement with the Food Corporation of India (Defendant in the suit) in respect of paddy for the Kharif year 1968-69. Pursuant of this agreement the Appellant acted as the purchasing non-miller agent of the Defendant and, as such, purchased paddy and delivered the same to the miller agent of the Defendant during the Kharif year 1968-69. The Plaintiff submitted bills to the Food Corporation of India for payment on the volume purchases of paddy so made by him. He was paid 9% of the bill amount and the balance 10% was not paid. The balance 10% of his bill, according to him, amounted to Rs. 9, 206. 80 p. He, therefore, issued a notice on 17-2-1969 for payment of the same. This notice was by the party himself subsequently, as reply was not received, a fresh notice was sent through a pleader u/s 80, Code of Civil Procedure. To that also no reply was given. Accordingly, he filed the present suit (M.S. No. 428 of 1971) in the Court of the Subordinate Ju