P. N. MOOKERJEE, J.

( 1 ) IN this appeal, which arises out of an application under Section 34 of the Indian Arbitration Act and in which the plaintiff-appellant Serajuddin and Co. seeks reversal of an order of stay of its suit under the said section, pending a certain arbitration proceeding, two questions arise for consideration. The first is whether the said section has any application to the instant case and the second relates to the exercise of discretion under that section. Before the learned trial Judge (Ray, J.), another point was also urged, namely, whether the arbitration clause in question suffers from any material vagueness which would render it inoperative or ineffective in law. But that point was not pressed before us by the learned Counsel who appeared in support of the appeal.

( 2 ) THE learned trial Judge held, inter alia, that Section 34 of the Indian Arbitration Act applied to the present case and that it was a fit case for the exercise of his Discretion under that section in favour of the defendants applicants Michael Golodetz and others and, accordingly, he stayed the plaintiff's suit under that section. The aggrieved plaintiff has now appealed before us.

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