A.N.SEN, J. - (1.) THIS appeal has been preferred against the judgment and decree of the Subordinate Judge, 10th Court, Alipore, where by the learned Judge has directed the filing of the arbitration agreement in the Court.
(2.) THE facts of the case have been fully set out in the judgment of the Court below and it is not necessary to repeat the same. It may only be noted that there is not much of disputes with regard to the facts. The facts relevant for the purpose of this appeal may, however, be briefly stated. T.M.S. Mani, the plaintiffs in the action and the respondent in this appeal was appointed a selling agent and sales organiser by Messrs Teamco Private Ltd., the defendant in the action and the appellant herein under an agreement in writing dated 1-4-61. There is an arbitration clause contained in clause 11 of the said agreement. Clause 11 of the said agreement provides as follows: "In case of any disputes arising between the parties, the matter should be referred to the arbitrators, elected by the parties and their decision on the subject will be final". T.M.S. Mani filed an action under Section 20 of the Arbitration Act in the 10th Court of the Subordinate Judge, 24 parganas, Alipore praying that the agreement be field in Court. The said action was registered as Title suit No. 40 of 1963 in the 10th Court of the Subordinate Judge, 24 Parganas, Alipore with T.M.S. Mani as the plaintiff in the suit and Messrs Teamco Private Ltd. as the defendant therein. The suit was contested by the defendant. Two principle points were urged on behalf of the defendant in the trial Court. The first point was that the suit was not maintainable in law, as it was not open to the plaintiff to proceed under Section 20 of chapter III of the Arbitration Act, the plaintiff having previously taken steps under Section 8 Chapter II of the said Act. The second point argued was that the arbitration agreement in question was vague and uncertain and the same, therefore, could not be enforced in law. The learned Subordinate Judge held against the defendant on both the points and decreed the suit in favour of the plaintiff. Hence this appeal has been filed by the defendant.
(3.) MR. Bhabra, the learned counsel appearing on behalf of the defendant-appellant has raised before us the very same points and has submitted that the decision of the learned Subordinate Judge is erroneous and wrong.;