- (1.) The instant appeal is arising out of an order passed on September 9, 2011 in refusing to restrain the respondent No. 1 from taking steps in terms of the GAFTA Rules, 125 for resolution of disputes by arbitration.
(2.) The power and jurisdiction of a Civil Court to restrain a party from making reference to an International Commercial Arbitration and to have the said dispute resolved by such International Arbitration is the issue required to be decided in the present appeal.
(3.) Before we advert to any other facts, we record that there is no dispute that the contract containing arbitration clause has been duly executed by the parties.;