JUDGMENT - H.H. KHATRI, J.:---This is a Notice of Motion taken out by the 5th defendants for dismissal of the suit as against them for absolute want of cause of action against them and in the alternative for stay of the suit under section 34 of the Arbitration Act.

2. The material facts in nutshell are these. The two plaintiffs and each of the defendants Nos. 1 to 5 are Companies registered under the Indian Companies Act. The 6th defendants are the Oil Natural Gas Commission. In or about May 1983 the 6th defendants had invited tenders for laying of land line pipes from Umrat to Hazira in the State of Gujarat. The said tender was ultimately awarded by them to the 1st plaintiffs. The 2nd plaintiff are Insurers of the 1st plaintiffs. We are here concerned with the 1st plaintiffs alone. I shall refer to them as 'plaintiffs'. The terms and conditions of the work are recorded in an Agreement dated 21st August, 1984. It appears that the work, inter alia, involved the transportation of coal tar enamel and reinforced Concrete Coated Pipes from Mangalore to Magdala in Gujarat. The plaintiffs under their Agreement undertook this job also. It appears that while the proceedings relating to the

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