Dipak Kumar Sen, J. - (1.) The Peoples' Republic of Bangladesh instituted this suit on or about the 15th September 1979 with leave under clause 12 of the Letters Patent claiming a decree for specific performance of a Charter party Agreement dated the 7th June, 1979 in respect of the defendant's vessel M. V. "Sheriar" as also mandatory and permanent injunctions as alternative or ancilliary reliefs.
(2.) On an application made in the said suit on the 8th September 1979 an order has been passed in terms of the agreed minutes, inter alia, as follows : "UPON the defendant or defendant through the Agent Samrat Shipping Co. (P) Ltd., Calcutta furnishing a Bank Guarantee for Rs. 1,80,000,00 to the satisfaction of the Registrar, Original Side, the interim order dated 15.9.1979 stand vacated. Such Bank Guarantee to be furnished on or before 26.9.1979. It is recorded the Advocates on record for the plaintiff has already approved the form of Bond for such Bank Guarantee. The parties waived the notice of reference before the Registrar, Original Side. Leave is given to the Registrar, Port Authorities, Customs and all parties to act on a signed copy of the minutes. The defendant undertakes to Court to keep the said Bank Guarantee renewed till further orders of the Court. The parties agree to make a joint petition under Section 21 -of Arbitration Act, 1940 referring the disputes under the Charter Party dated 7.6.1979 including the subject-matter of suit in accordance with the Arbitration Clause contained therein. This order is without prejudice to the rights, contention of the parties This order is also without prejudice to the defendant's right to apply under Section 21 of the Arbitration Act, 1940 and the defendant's appearance will not be regarded as a step in the proceedings."
(3.) The defendant has furnished security in terms of the aforesaid order and the said interim order passed on the 15th September 1979 stand vacated.;