A.Lala, J. - (1.) - This is an application of the petitioner under sections 5,11,12 and 33 of the Arbitration Act, 1940.
(2.) By making this application the petitioner wanted a direction for stay of the arbitration proceedings and consequential reliefs.
(3.) In an earlier occasion the petitioner moved an application seeking the similar relief in addition to revocation of authority of the Umpire wherein consequentially a question arose as to whether the petitioner company is falling under the category of Sick Industrial Undertakings (Special Provisions) Act, 1985 as amended up-to-date and if so, as to whether the arbitration proceedings can be proceeded before the Umpire. But such point was not stressed taking the plea that the petitioner made a special leave petition before the Supreme court of India for a decision on such point and sought for adjournments. However, during the course of the proceedings Mr. R. M. Chatterjee, learned counsel appearing for the petitioner informed this court that the special leave petition was dismissed. Since I have not formally called upon to adjudicate such point, the earlier application was disposed of without making any reference as to the subject-matter stated hereinabove.;