SHALIMAR PAINTS LTD Vs. OMPROKASH SINGHANIA

JUDGEMENT

(1.) THIS is an application for stay of the suit under Section 34 of the Arbitration Act.

(2.) IT is the case of the petitioner that the petitioner had entered into a transaction with the respondent on the basis of an indent bearing No. W/2419 dated 29th June, 1982 for purchase of 12 Metric Tonnes Marg-O-Dark 'HC' as per sample at the rate of Rs. 1000/- per Metric Tonne on terms and conditions contained in the said indent. The said Indent contains an arbitration clause to the following effect :--

(3.) MR. Sarkar, learned counsel for the petitioner has contended that the arbitration clause is very wide and completely covers the entire subject matter of the dispute in suit. MR. Sarkar has drawn my attention to the plaint filed herein. He has argued that although in the plaint, no reference is made to the said indent or the arbitration clause, it is quite clear from the bills annexed to the plaint and on the basis of which the claim in the suit is made, that the claim in the suit arises out of the indent. According to MR. Sarkar there is no reason why the suit should not be stayed.