Soumen Sen, J.: The instant appeal is arising out of an order passed on September 9, 2011 in refusing to restrain the respondent No.1 from taking steps in terms of the GAFTA Rules, 125 for resolution of disputes by arbitration.

2. The power and jurisdiction of a Civil Court to restrain a party from making reference to an International Commercial Arbitration and to have the said dispute resolved by such International Arbitration is the issue required to be decided in the present appeal.

3. Before we advert to any other facts, we record that there is no dispute that the contract containing arbitration clause has been duly executed by the parties.

4. We shall only refer to some of the relevant facts that are necessary for deciding the propriety and legality of the order passed on September 9, 2011.

5. In or about October 25, 2010, the appellant had entered into three several contracts including a contract bearing No.#LMJ/SIC/Oct/01 (hereinafter referred to as the ‘said contract’) whereby the appellant had agreed to purchase from the defendant No.1 and defendant No.1 had agreed to sell to the appellant 15000 MT (+ - 5 %) of non basmati parboiled rice (15% maximum broken) of 200