Tek Chand, J.

1. This is a first appeal under Section 39 of the Arbitration Act from the order of the Subordinate Judge 1st Class, Amritsar, rejecting the application of the appellants Messrs Narain Cold Storage Ltd. Amritsar, instituted a suit for the recovery of Rs. 56,767/- as the principal sum and interest relating to the price of potatoes supplied in excess of the contracted quantity. The appellants who were defendants in the trial Court presented an application under Section 34 of the Indian Arbitration Act of 1940 alleging that the agreement dated the 19th January, 1951, entered into between the parties provided that a difference or dispute arising between them was referable to the arbitration of the officer sanctioning the contract. It was also alleged that the appellants were willing and ready to make a reference to the arbitrator and that the suit should not proceed in view of the provisions of Section 34 of the Act.

2. Exhibit D. 2 is tender dated the 19th January, 1951, whereby the defendants agreed to supply a quantity of potatoes, it being agreed that the approximate requirements which were to be deemed only as a rough guide were 4,88,400 lbs. at tendered rate