TOBU ENTERPRISES PVT LTD Vs. CAMCO INDUSTRIES LTD

JUDGEMENT

(1.) THE appellant Tobu Enterprises Private Limited has preferred this appeal against the judgment and order dated Jan. 25, 1983 of a learned single Judge of this Court granting leave to the respondent, Cameo Industries Limited, under Clause 12 of the Letters Patent to file an application under Section 20 of the Arbitration Act, 1940; the said application has since been registered as a suit being Special Suit No. 3A of 1983.

(2.) BY an agreement in writing dated Nov. 1, 1980 entered into in Calcutta within the ordinary original jurisdiction of this Court between the appellant and the respondent, it was agreed that the appellant would appoint the respondent its distributor of Children Vehicles produced by it. In the said agreement, the appellant was the first party and the respondent was the second party. The agreement, inter alia, provides as follows :

(3.) DISPUTES and differences arose between the parties in regard to the distributorship of the respondent which resulted in the filing of the application under Section 20 of the Arbitration Act by the respondent in this Court. In the said application, the respondent prayed for leave under Clause 12 of the Letters Patent alleging, inter alia, that a part of the cause of action arose within the ordinary original jurisdiction of this Court. The learned Judge, by the impugned order dated Jan. 25, 1983, granted leave under Clause 12 of the Letters Patent enabling the respondent to file the application under Section 20 of the Arbitration Act in this Court. Thereafter, the respondent, made an application under Section 41 of the Arbitration Act praying for an interim order in terms of prayers (a) and (b) of the application under Section 41. The learned Judge passed an interim order dated Jan. 25, 1983 in terms of prayers (a) and (b), which are as follows :