RAMENDRA MOHAN DATTA, J.

( 1 ) THIS is an application for stay of suit under Section 34 of the Arbitration Act X of 1940. It is quite apparent from the plaint that the subject-matter of the suit being Suit No. 75 of 1973 (Food Corporation of India v. Srish Chandra Guha) filed in this Court on February 24, 1973 is covered by the arbitration clause in the contract entered into by and between the parties herein.

( 2 ) MR. Jayanta Mittcr, counsel for the Food Corporation of India, contends that in the facts and circumstances of this case, the discretion of the Court should be exercised in refusing to stay the suit because of the following grounds. It is contended that the averment relating to readiness and willingness on the part of the applicant made in paragraph 9 of the petition have been verified as submissions and this being a question of fact and the verification being in that form it should be held that the applicant for stay has failed to discharge the onus of proving the readiness and willingness and the application should be dismissed on this ground alone. On this point it is also argued that the applicant for stay must plead and prove that he was ready and willing at the d

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