ORDER :

Moushumi Bhattacharya, J.

The issue in these applications for reference of the disputes to arbitration, is whether the dictum of the Supreme Court in Sukanya Holdings (P) Ltd. v. Jayesh H. Pandya; (2003) 5 SCC 531 - non-permissibility of bifurcation of subject-matter or causes of action in the suit - should be considered by a court in an application under section 8 of The Arbitration and Conciliation Act, 1996, as amended in 2016.

2. The applicants, IFGL Refractories Limited, have filed two applications for reference of claims, disputes and differences made by the first plaintiff against the applicants to arbitration. The applicants are the defendant nos. 41 and 42 in the suit filed by Lindsay International Private Limited (plaintiff no.1) and its majority shareholders and directors.

3. Both the applications are being considered and disposed of by this judgment.

4. Lindsay has filed the suit for a decree for specific performance of a pre-incorporation agreement against the defendant nos. 1-38 and for specific performance of a non-competition agreement against the defendant n