JUDGMENT :

Krishna Rao, J.

1. This is an application filed by the defendant under Section 8 for referring the parties to the suit for Arbitration in terms of the clause of the agreement dated 16th April, 2008.

2. The plaintiff has filed the Civil Suit No. 118 of 2021 against the defendant for a decree of Rs. 1,29,39,103/-along with interest at the rate of 12% per annum. The plaintiff is carrying the business of stockiest and distributor of consumer goods. The defendant is carrying the business of manufacturing in diverse ayurvedic, herbal and cosmetic goods under the name and style of “Shahnaz Ayurvedics” and “Shahnaz Herbals” as a sole proprietor of the business.

3. The defendant had entered into an agreement on 16th April, 2008 with the plaintiff by appointing the plaintiff as distributor of its goods in the Territory of the “State of West Bengal”. The agreement entered between the plaintiff and the defendant was for the period of 36 months from 1st April, 2008 to 31st March, 2011.

4. The defendant claims that the agreement was extended by virtue to mutual consent of the parties and the said agreement is still in force and the relationship between the parties were governed by the term