Harish Tandon, J. - (1.) The challenge is made to an Order No. 6 dated 30th August, 2016 passed by the learned Civil Judge (Senior Division), Additional Court, Hooghly in Title Suit No. 296 of 2016 by which an application under Section 8 of the Arbitration and Conciliation Act, 1996 is allowed.
(2.) The Trial Court held that the subject dispute is covered by an arbitration clause contained in an agreement dated 20th April, 2015 and therefore the Civil Court cannot adjudicate such dispute but to refer the parties to arbitration.
(3.) The plaintiff/petitioner filed the said suit for declaration that it has an exclusive right to purchase and lift "spent grain " from the defendant/opposite party who has no right to enter into an agreement with any party/parties save and except the plaintiff/petitioner. A further declaration is sought that the decision of the defendant/opposite party in permitting the plaintiff/petitioner to purchase 50% of the total produce of spent grain is not binding and contrary to the correspondences exchanged between the parties.;