Ashim Kumar Banerjee, J.

Both these appeals would relate to a common judgment and order dated October 11, 2012 passed by the learned Single Judge under Section 20 of the Arbitration Act, 1940. Since the plea of maintainability was taken in both the appeals we heard the parties at length on the preliminary issue that would be disposed of by the foregoing judgment and order.

Bharat Industries & Commercial Corporation was a partnership firm. The firm was represented by two groups being Maheshwaris and Kocher group. The parties fell out resulting in dispute and differences that were referred to two arbitrators in August 1984.

As a result, proceeding was to be governed by the old Arbitration law being the Arbitration Act, 1940. Maheshwaris filed suit inter alia, claiming that the claim of the Kochers became barred by limitation and there could not be any further dispute to go to arbitration. They also contended, Kochers assigned their share in favour of one Omprakash who, in turn, transferred to one Kishan Mimani who also filed a suit for specific performance of the agreement. The reliefs claimed in Maheshwarissuit would include a declaration that the defendants did not have