R. C. Lahoti, J. (Oral)

( 1 ) THIS is a petition under Sections 8 and 20 of the Arbitration Act, 1940 seeking filing of an arbitration agreement and appointment of an arbitrator. The petition is accompanied by an application under Order 39 Rule 1 and 2 Civil Procedure Code read with Section 41 (b) and Second Schedule of the Arbitration Act seeking an injunction restraining the defendants No. 1 and 2 from enforcing a bank guarantee issued by the defendant No. 3, a bank and furnished by the plaintiff to the defendants No. 1 and 2 in connection with performance of the contract.

( 2 ) THE petition was filed on 24. 9. 94. It came up for hearing on 25. 9. 94. At the preliminary hearing it was pointed out to the counsel for the petitioner that copy of the agreement containing the arbitration clause was not filed with the petition and the petition also did not reproduce the arbitration clause on which it was founded. The court also indicated to the counsel that there was a doubt about the competence of this Court by reference to its territorial jurisdiction and before entertaining the petition and the prayer for the grant of interim relief, the court would like to hear the counsel on the

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