SOUMEN SEN,J. - (1.) The defendant No.1 has filed this application essentially for deletion of the name of the defendant No.1 from the suit. The prayers made in the petition are:- (a)(i) The plaint filed in the instant suit being C.S. No.185 of 2011 be dismissed; (ii) Alternatively, the defendant No.1 be deleted from the cause title of the plaint filed in the instant suit; (b)(i) Stay of all further proceedings in the instant suit; (ii) Alternatively, stay of all further proceedings in the instant suit as against the defendant No.1; (c) In the event, prayers (a) and (b) cannot be granted, the disputes in the instant suit be referred to arbitration in accordance with the arbitration agreement contained in the contract dated 25th October, 2010 contained in Annexure "B" hereof; (d) Injunction restraining the plaintiff from taking any steps and/or further steps in the instant suit until disposal of this application; (e) Ad interim order in terms of prayers above; (f) Costs of an incidental to this application be paid by the plaintiff; (g) Such further order or orders be made and/or direction or directions be given as to this Hon'ble Court may deem fit and proper;
(2.) The foreign award was passed on April 10, 2013 in favour of the respondent No.1 as per Rules, 125 in relation to a contract bearing dated 25th October, 2010.
(3.) The plaintiff filed a suit on 9th August, 2011 praying, inter alia, for a declaration that there is no agreement between the plaintiff and the defendant No.1 to refer any dispute arising out of the said contract dated 25th October, 2010 to arbitration either as per 125 in London or otherwise. In the suit, an interlocutory application was filed in which initially an ex parte ad interim order was passed on 10th August, 2011 restraining the parties to proceed with the arbitration. However, the interim order was vacated by Justice Dipankar Datta on 9th September, 2011.;