1. The present Notice of Motion is taken out by the Applicant/Defendant (“the Defendant”) in the above Suit under the provisions of Section 8 of the Arbitration and Conciliation Act, 1996 (“the Act”), seeking to refer the parties to the above Suit to arbitration as contemplated under the Arbitration Agreement between the Plaintiff and the Defendant contained in Clause 3.1.2 and Clause 15.4 of the Bye-Laws of the Defendant Exchange (“Byelaws”), as also Clause 11.11 of the Undertaking for Internet Based Trading (“UIBT”) given by the Plaintiff to the Defendant Exchange.

2. The Plaintiff is a private limited company incorporated under the provisions of the Companies Act, 1956, and is inter alia engaged in the business of manufacturing and selling edible oils. The Defendant is an unlisted public company incorporated under the provisions of the Companies Act, 1956, and is the national level institution that carries on business as a trading exchange providing for an electronic trading platform for spot contracts in various commodities on a compulsory delivery basis.

3. According to the Plaintiff, in or around March, 2012, the Plaintiff sought to participate in the Defendant Exchan