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1963 Supreme(Bom) 55

K.K.DESAI
Kamani Engineering Corporation Ltd. and Ors. – Appellant
Versus
Societe De Traction Et D Electricite Societe Anonyme – Respondent


ORDER

(1-10) X X X X X X X

(11) This matter must, therefore, be considered as if the 1937 Act was applicable to the agreement for arbitration as contained in Art. X of the contract between the parties. The contention of Mr. Parpia for the Defendants is that admittedly there is an agreement between the parties to which the Protocol set forth in the First Schedule to the Act of 1937 applies and that the Plaintiffs are parties to that agreement and the plaintiffs have commenced this suit. He contends that for that reason the Defendants are entitled to stay of this suit. Mr. Banaji for the Plaintiffs, however, argues that the Plaintiffs are not parties to "a submission" as mentioned in the section. The legal proceedings by way of this suit have not been commenced by any party to the submission as required under the section. There is no submission in respect of the matter that is contained in the plaintiffs suit. The matter that is contained in the plaintiffs suit has not been agreed to be referred to any arbitration by a submission to which the plainti




























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