( 1 ) THE appellant Tobu Enterprises Private Limited has preferred this appeal against the judgment and order dated Jan. 25, 1983 of a learned single Judge of this Court granting leave to the respondent, Cameo Industries Limited, under Clause 12 of the Letters Patent to file an application under Section 20 of the Arbitration Act, 1940; the said application has since been registered as a suit being Special Suit No. 3a of 1983.

( 2 ) BY an agreement in writing dated Nov. 1, 1980 entered into in Calcutta within the ordinary original jurisdiction of this Court between the appellant and the respondent, it was agreed that the appellant would appoint the respondent its distributor of Children Vehicles produced by it. In the said agreement, the appellant was the first party and the respondent was the second party. The agreement, inter alia, provides as follows :" (1 ). The agreement can be terminated by a notice of three months in writ-Ing from either side. (2 ). The First Party will give the Children Vehicles for the aforementioned areas to the Party of the Second Part only till this agreement is in force. (3 ). Payment will be made in full advance for each supply by a cr