M.R.Mallick, J. - (1.) SILIGURI Tea Brokers Pvt. Ltd. filed the Special Suit being No. 46 of 1990 under section 20 of the Arbitration Act against M/s. Rahut Syndicate, a partnership firm praying for the Arbitration Agreement dated 22nd December, 1989 to be filed in court and for reference of the disputes as specified in the said petition of section 20 of the Arbitration Act to be referred to Arbitration in terms of the Arbitration Agreement.
(2.) AN application under section 41 of the Arbitration Act being Matter No. 1360 of 1990 has also been filed by Siliguri Tea Brokers Pvt. Ltd. in which interim orders dated 10th May 1990 and 16th May 1990 have been obtained. The said Special suit as well as the petition under section 41 of the Arbitration Act has been contested by Ashok Rahut, Sm. Kanika Ghosh, Smt. Aparna Rahut, Smt. Sabitri Rahut, Sri Tapas Kumar Rahut, Sri Pradip Kr. Rahut and Smt. Lina Ghatak, Smt. Runa Naha and Sri Ajoy Kr. Rahut for and on behalf of Rahut Syndicate claiming to be the some of the alleged partners of M/s. Rahut Syndicate. An application under section 33 of the Arbitration Act being matter No.1404 of 1990 has also been filed by those persons claiming to be the partners of Rahut Syndicate challenging the existance and validity of the purported Tea Selling Agreement dated 22nd December 1989 containing the purported Arbitration Agreement and for declaring the same to be void and of no effect and/or determined and/or cancelled and/or not binding upon the parties and also for consequential reliefs for staying the orders dated 10th May 1990 and 16th May 1990 by Satyabrata Mitra, J. under section 41 of the Arbitration Act in Matter No.1360 of 1990.
(3.) SILIGURI Tea Brokers Private Ltd. has filed an application being Matter No.1405 of 1990 praying for stay of the alleged partners' petition under section 33 of the Arbitration Act being Matter No.1404 of 1990.;