P.B.MUKHARJI, J. - (1.) THIS is an application to stay all proceedings .in Suit No. 1298 of 1954 pending in this Court between Bengal Corporation and W, Wood and Sons Ltd. The Notice of Motion was taken out by W. Wood and Sons Ltd. on 23 -8 -1954. The application is made under the Arbitration Act, 1940 and the Arbitration (Protocol and Convention) Act of 1937 as adapted.
(2.) THE Arbitration clause on the strength of which this application is sought to be made is in these terms : 'All quastions of differences whatsoever which may at any time hereafter arise between, the parties hereto or their respective representatives touching this agreement or the subject -matter thereof or arising out of or in relation thereto respectively and whether as to construction or otherwise, shall be referred to a single Arbitrator in accordance with and subject to the provisions of the Arbitration Acts 1889 to 1934 or any re -enactment cr statutory modification thereof for the time being in force.' This Arbitration clause appears as Clause 9 in the Agreement between W. Wood and Sons Ltd. and Bengal Corporation dated 19 -10 -1951 by which . the Bengal Corporation agreed to purchase from W. Wood and Sons Ltd. expanding hinges, hatches and locks and suitcase components in sufficient quantities to enable the Corporation every year for a term of five years to construct at least 5,000 complete revelation suitcases.
(3.) THIS action is a commercial cause instituted in this Court on 30 -4 -1954 by the Bengal Corporation against W. Wood and Sons Ltd. for the recovery of the sum of Rs. 60,000/ - as damages for breach of contract on the allegation that the goods supplied by W. Wood and Sons Ltd. were unfit for the purpose for which they were purchased and were unmerchantable. There is also a Plea in the plaint for damages for breach of warranty, expressed or implied.;