ORDER

Leave granted.

2. This appeal is directed against the order dated 29th July, 2009 of the Division Bench of the Calcutta High Court whereby it vacated the interim order passed by the learned Single Judge in G.A. No.678 of 2009 in C.S. No.69 of 2009.

3. We have heard learned Senior Counsel appearing for the parties at length and perused the records. We find even though the Division Bench did notice the plea of respondent no.1 that the Frame Agreement has been superseded or novated on 8th October, 2008 and such agreement of novation has again been superseded on 4th December, 2008, and as such there is no arbitration agreement subsisting between the parties, but without deciding whether said plea is tenable, vacated the ad interim injunction granted by the learned Single Judge apparently because it was of the view that in such matter the Court does not have jurisdiction to stand in the way of any arbitration proceeding held outside India. The Division Bench then directed the parties to file affidavits and requested the learned Single Judge to decide the injunction application at the earliest.

4. In our view, the Division Bench should have examined the entire issue in the light o