JUDGMENT :

Krishna Rao, J.

1. The instant application is filed by the defendant under Sections 5 and 8 of the Arbitration and Conciliation Act, 1996, seeking to refer the dispute between the parties to Arbitration in terms of Agreement dated 2nd January, 2007.

2. The plaintiff is a manufacturer of diesel generator sets (in short “DG sets”) and also carries on allied businesses like assembling diesel generator sets, distribution of DG sets and sale of DG sets. The plaintiff’s generator sets are sold under the trade mark and trade name “United Genset”, which enjoys substantial goodwill and reputation in Eastern India.

3. The defendant is a manufacturer of diesel engines including diesel generator engines (hereinafter also referred to as “DG engines”).

4. The plaintiff had filed a suit before this being C.S. No. 2 of 2015 (United Machinery & Appliances -vs.-Greaves Cotton Ltd.), and has sought for the reliefs mentioned herein below:

(a) Decree for Rs. 4,92,76,854/-as pleaded in paragraph 24 above;

(b) Mandatory injunction directing the defendant to forthwith take back all the dead stock, more fully stated in Annexure “J”; hereto; alternatively a decree for Rs.31,04,792/-;

(c) Interim interest