Pinaki Chandra Ghose, J - (1.) The principal issue in this appeal is whether the learned Single Judge was justified in disposing of two several applications filed by defendant No.1 and 2 in C.S.No.18 of 2009 under Section 45 of the Arbitration Conciliation Act for referring the parties to arbitration and for permanent stay of the suit by observing that in view of the order of the Hon'ble Supreme Court dated May 10, 2010, no order need be passed in the matter.
(2.) Defendant No.1 and 2 had preferred two separate appeals being A.P.O.No.378 of 2010 and 379 of 2010 assailing the said order.
(3.) The principal grievance of the defendant No.1, namely, Prysmian (Dutch) Holding BV is that the judgment and order of the Hon'ble Supreme Court dated 6th May, 2010 cannot and does not have any manner of application inasmuch as the said order was passed on the basis of consent given by the plaintiff and the defendant No.2 in respect of the "Frame Agreement" entered into between the said plaintiff and the defendant No.2 on 10th of December, 2007.;