Anil Kumar Sen - (1.) An application under section 34 of the Indian Arbitration Act for stay at further proceedings of the suit, being Title Suit No. 25 of 1980, of the 1st Court of the learned Subordinate Judge at Alipore having been dismissed by the learned Judge by an order dated June 16, 1980, the defendant-petitioner has preferred the present appeal challenging the said order. The appeal involves a very short point which, in our view, is no longer res integra.
(2.) The plaintiff admittedly entered into an agreement with the defendant on June 4, 1979. This agreement incorporates an arbitration clause, being No. 8, to the effect that "All disputes and differences between the parties regarding the interpretation of this Agreement or any of the terms and conditions contained or determination of any liability or any other disputes whatsoever shall be referred to the Arbitration in accordance with the Indian Arbitration Act, 1940 or any statutory modification or enactment thereunder".
(3.) In instituting the above suit the plaintiff pleaded that though described as an agreement, it was really a lease for more than one year and yet, it was not registered and as such is invalid and void ; the plaintiff further pleaded that the agreement is void on the ground of fraud, misrepresentation and undue influence practised by the defendant upon the plaintiff. On these allegations the plaintiff sought for a declaration that the aforesaid agreement is void or voidable and as such, is not binding upon the plaintiff with other consequential and alternative reliefs.;