ORDER

1. The respondent filed a suit for money claim against the appellant and two other parties before the City Civil Court in Calcutta. It is the case of the a appellant that goods were supplied to the respondent under certain invoices which contained an arbitration clause and, therefore, any dispute touching the said transaction was required to be subject to arbitration. The respondent, however, denies that there is an arbitration agreement so as to amount to an impediment to its money suit pending before the City Civil Court at Calcutta.

2. When Bharat Merchants Chamber issued a notice to the respondent b calling upon it to appoint its arbitrator and indicated its intention to commence arbitral proceedings, the respondent moved an application for interim relief before the civil court in the pending suit under Order 39 Rules 1 and 2 CPC. The interim relief sought therein was an injunction restraining the respondents to the suit (the present appellants) from taking any steps or further steps in terms of the notice dated 5 - 12 - 2003, which had C been issued by Bharat Merchants Chamber. The civil court declined to grant any ad interim relief. An appeal was moved thereagainst by t