Soumen Sen, J.

Glencore, the sole defendant in the suit, has filed this application essentially for dismissal of the suit.

The application has been made under Order 7 Rule 11 read with Section 151 of the CPC.

The plaintiff has filed a suit against the defendant praying, inter alia, for declarations that there was no contract either dated June 10, 2008 or June 17, 2008 between R. Piyarelall Import & Export Ltd. (hereinafter referred to as “RPI”) and Glencore and further declarations that no arbitration agreement exists between the parties and for perpetual injunction to restrain Glencore from proceeding further with arbitration before GAFTA and certain incidental reliefs.

The plaintiff is a dealer in peas and pulses. The defendant is an exporter of French yellow peas.

The summaries of the facts made out in the plaint are: -

i) A contract dated 17th April, 2008 was entered between Glencore and State Trading Corporation of India Ltd. (hereinafter referred to as “STC”) for sale by Glencore of a quantity of 21,500 metric tonnes of French yellow peas on agreed terms and conditions;

ii) Subsequently, the plaintiff (hereinafter referred to as “RPI”) entered into an agreement date