SANDEEP KUMAR Vs. MASTER RITESH

JUDGEMENT

(1.) Leave granted.

(2.) Dev Papers (P) Ltd., Meham, is a company incorporated under the Companies Act, 1956. Appellants herein as also respondent Nos.2 to 7 were its shareholders. One R.P. Gupta was representing the appellants whereas Satyadev Gupta was representing the defendants-respondents in the Board of Directors. Disputes and differences having arisen between the parties, a suit came to be filed by appellants. Admittedly, an arbitration agreement had been entered into by and between plaintiffs-appellants and some of the defendants. However, some of the defendants were not parties to the said agreement. In view of the existence of the said arbitration agreement, an order was passed by the learned trial Judge in terms of the Arbitration Act, 1940. The matter came up to this Court on an earlier occasion. Plaintiffs-appellants herein made a representation before this Court that they would amend the plaint by deleting the names of respondents who were parties to the arbitration agreement and continue with the suit as against those who were not parties thereto. The said statements were recorded in the order of this Court in the following terms :

(3.) By an order dated 04.04.1997, the said special leave petition was disposed of. The matter in regard to the stay of the suit thereafter again came up for hearing. By reason of a judgment and order dated 13.08.1999, it was, inter alia, held :