K.J. Sengupta, J. - (1.) This Motion has been taken out by the defendant/Respondent above -named for the following relief 's: (a) Leave granted Clause 12 of the Letters Patent to institute C.S. No. 351 of 2000 be revoked and/or set aside ; (b) The plaint of C.S. No. 351 of 2000 be rejected and taken off the file ; (c) The said C.S. No. 351 of 2000 be dismissed ; (d) Stay of all further proceedings in C.S. No. 351 of 2000, (e) Interim order dated 31 August 2000 passed in the aforesaid suit being annexure 'A' hereto be forthwith vacated ; (f) The parties to the aforesaid suit be referred to arbitration clause contained in the Contract by and between the parties being Annexure 'A' hereto; (g) Ad -interim order in terms of prayers (a) to (f) above; (f) Costs of and incidental to this application be paid by the Plaintiff; (i) Such further or other order or orders be passed and/or direction and/or directions be given as to which this Hon'ble Court may seem fit and proper.
(2.) The suit was filed by the Plaintiffs above -named for the following relief 's: (a) Declaration that all the notices dated 3rd March 2000, 18th April 2000, 23rd May 2000 and a purported application before GAFTA dated 16th May 2000 being part of annexure 'D' are illegal, null and void ; (b) A decree adjoin the notices mentioned in Prayer (a) above to be void and for delivery up and cancellation of the same ; (c) Declaration that the arbitration proceedings commenced by way of notices dated 3rd March 2000, April 18, 2000 and 23rd May 2000 and pending before GAFTA between the parties are illegal, null and void ; (d) A decree for declaration that there is/was. no arbitration agreement or .any subsisting arbitration agreement between the parties to refer to, arbitration (e) A decree for perpetual injunction restraining the Defendant and their servants and agents from proceeding with arbitration proceeding before GAFTA commenced by way of Notice dated March 3. 2000 and/or any proceeding relating thereto in any manner whatsoever; (f) Receiver; (g) Injunction ; (h) Costs ; (i) Further, or other relief 's.
(3.) The case made out in the - petition being the grounds of Notice of Motion is that the Plaintiffs above -named suppressing material relevant fact has obtained an interim order dated August 31,.2000 whereby the Defendant and/or its servants and, agents have, been restrained by an order of injunction from proceeding with the. arbitration between GAFTA commenced by notices dated March 3, 2000, April 18, 2000 and May 16, 2000 or any proceeding relating thereto.;