JUDGMENT

Debangsu Basak, J. - The parties have filed three applications in the suit. In the order of point of time, the plaintiff has filed the first application being IA No. 1 of 2020 seeking an order of injunction on an arbitration proceeding. The defendant has filed the second application being IA No. 2 of 2020 seeking an order referring the parties to the suit to arbitration in terms of the arbitration agreement contained in clause 21 of the contract dated February 26, 2020. The plaintiff has filed the third application being IA No. 3 of 2020 seeking an order of injunction on the arbitration proceedings subsequent to the order of the Supreme Court. The hearings of all the three applications have been concluded on December 15, 2020. The three applications are being decided by this common judgement and order as the issues in the three applications overlap each other.

2. Learned senior advocate appearing for the plaintiff has submitted that, the parties never entered into a contract for arbitration. In fact, according to him, although the parties were negotiating to enter into a contract for supply of coral, the parties never entered into a formal contract. According to him, under