Oral Judgment: (P.B. Majmudar, J.)

1. Admit. Learned counsel appearing for respondent No.1 waives notice of admission. So far as respondent No.2 is concerned, in our view, they are not a necessary party for deciding this Appeal. In view thereof, appeal is taken up for hearing forthwith.

2. In our view, this is a thoroughly misconceived appeal filed by the appellant, original plaintiff, in Suit No. 1845 of 2009. By the impugned order dated 5th October, 2009, the learned single Judge rejected the prayer sought for by the plaintiff regarding injunction restraining defendant No.1 from continuing with the arbitral proceedings.

3. The appellant herein has instituted the said suit for a declaration that it has validly cancelled the contract (Annexure -A to the plaint) and hence it is not bound to take the third and final shipment there-under. The plaintiff has also prayed for a declaration to the effect that the certificates issued by the second defendant in connection with the quality of the goods are fraudulent and the same are issued in connivance with defendant No.1 and the same are not binding and enforceable against the plaintiff. The plaintiff has also prayed that defe