( 1 ) THIS application has been moved on behalf of ITC Ltd. under Order XXXIX, Rules I and 2 read with Section 151 of the Code of Civil Procedure and read with Section 41 (b) of the Indian Arbitration Act, 1940 (for short the Arbitration Act ). By this application the petitioner seeks interim order of stay of any further proceedings before the Arbitrator being respondent No. 5 (Mr. Datuk George K. S. Seah) pursuant to the partial award dated 24. 4. 1998 in ICC Arbitration No. 808 (1/bgd/olg till hearing and final disposal of OMP No. 197/98. Respondent No. I only has opposed this application. Respondents 2 and 3 are with the petitioner.

( 2 ) THE facts of the case as appear to be from the record are that a Co-operation Agreement dated 11. 9. 1990 was entered into between Toshiba Corporation, Toshiba Battery Company Limited, ITC Limited, Toshiba Anand Batteries Ltd. and Shri C. L. Anand. It contained an arbitration clause. Certain disputes arose and Pradeep Anand s/o late Shri C. L. Anand sought reference of the disputes to arbitration and consequently in accordance with rules applicable Shri Datuk George K. S. Seah (respondent No. 5 in the main petition) was ap