Su Geok Yiam JC:

This is an appeal to the judge in chambers (encl. 22) against the decision of the learned senior assistant registrar dated 14 May 2001 dismissing the defendants' application (encl. 7) to stay all proceedings pending the reference to arbitration of what the defendants claim are disputes arising from an agreement in a case involving goods sold and delivered.

Facts And Background

Before I deal with the issues which have arisen for my determination in this appeal it is necessary that I narrate the relevant facts which are simple and uncomplicated and also the background first.

The Plantiffs' Writ Of Summons And Statement Of Claim

The plaintiffs' claim is for goods sold and delivered.

On 3 April 2000, the plaintiffs took out a writ of summons (encl. 1) against the defendants claiming a sum of RM369,040.39 representing the amount which the defendants are indebted to the plaintiffs for fertilisers sold and delivered to the defendants. The plaintiffs are also claiming interest thereon at 8% per annum from the date of their notice of demand, ie, 21 February 2000, until full settlement.

In their statement of claim the plaintiffs have alleged, inter alia, that they h