MAHESH CHANDRA, J.

( 1 ) THIS order would dispose of application filed under -Section 34 of the Arbitration Act by defendant No. 2.

( 2 ) THE facts giving rise to this application are that the plaintiff had filed asuit for recovery of Rs. 9,51,9051- against National Insurance Company Limited-defendant No. 1, Ms. Chadha Motor Transport Co. (P) Ltd. , defendant No. 2, M s. Kohli Auto Corporation-defendant No. 3 and Shri Narinder Singh of M/s. Kohli Auto Corporation-defendant No. 4 on the allegation that the plaintiff bad obtained from defendant No. 1 an open policy of Marine (Inland Transit) Insurance bearing. No. 750/4400363/82/9/0/sdp? dated 4th November, 1982 to cover "all consignments of tyres, tubes and flaps securely packed during transit by rail/road/conveyance"; that the plaintiff and defendant No. 2 had agreed vide agreement operative from 15th October 1980 that defendant No. 2 would securely carry for the plaintiff plaintiff s products from Jullundur station to different stations in the Punjab for delivery on the customers producing lorry receipts after discharging them from the bank concerned; that on different dates between 3rd January 1983 and 17th March 1983 the plainti

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