JUDGMENT

KASLIWAL, J. - These appeals by special leave are directed against the order of the Calcutta High Court dated February 2, 1973. Brief facts necessary for the determination of these appeals are that Shri Gouri Sankar Sarda (hereinafter referred to as respondent 1) filed a Suit No. 1783 of 1965 in the Calcutta High Court against R. McDill and Company Pvt. Ltd. (in short appellant 1), Misrilal Dharmchand (Pvt.) Ltd. (in short appellant 2) and Shri Misrilal Jain for the recovery of some amounts as well as for some other reliefs. On or about December 15, 1965 both appellants 1 and 2 who were also defendants in the suit submitted a joint application in the High Court for staying proceedings of the aforesaid suit, under Section 34 of the Arbitration Act, 1940 (hereinafter referred to as the Act). In view of some formal defect in the application the High Court by order dated February 25, 1966 gave permission to withdraw the said application with liberty to file a fresh application. As the entire case hinges on the above order dated February 25, 1966, relevant portion of the said order is reproduced as under :

"Application withdrawn with liberty to make a fresh application. Cost to