Tek Chand, J.

1. This first appeal from order has been preferred under Section 39 of the Indian Arbitration Act, 1940 , from the Court of Subordinate Judge 1st Class, Delhi, holding that there was an arbitration agreement between the parties and that the suit instituted by the plaintiff-appellant was liable to be stayed under Section 34 of the Arbitration Act.

2. It is necessary to state the facts giving rise to the dispute in their entirety. The plaintiff-appellant is a Private Limited Company and was required to supply a certain quantity of Gram whole. The plaintiff is a registered Company. It was invited to submit a tender. The conditions are contained in Mamo. C/200, dated the 31st of December, 1955. It was stated in paragraph 2 of this document that the supplies of Barley/Gram whole will be governed by the terms and conditions as stipulated in the office Memo No. C/900, dated the 24th February, 1949, as amended to date, and special conditions stipulated hereunder, that is, Exhibit D-7, The invitation was signed as under:

"B. R. Dhawan, Assistant Director of Purchase, for and on behalf of the President of India."

It is provided in Memo No. C/900, dated the 24th of Febru