( 1 ) ON 8th March, 1983, for reasons to be recorded later on,. I allowed I. A. No. 793 of 1983 filed by the defendant herein under Order 39, Rule 4 of the Code of Civil Procedure seeking vacation of the ex parte ad interim injunction passed on 16th February, 1983, and thus dismissed the plaintiff s applition, I. A. No. 719 of 1983.

( 2 ) THE plaintiff therein called the petitioner ) Moden Food Industries Ltd. , is the owner of trade mark 77 an aerated water soft drink. It has filed a petition under Section 20 of the Indian Arbrtration Act seeking that the original arbitration agreement contained in the contract between it and M/s. Shri Krishna Bottlers Pvt. Ltd. be filed in Court and the disputes raised by it in para 16 of the petition be referred to arbitration in accordance with, arbitration clause of the contract.

( 3 ) IT is the ease of the petitioner that it has entered, into a franchise agreements with different bottlers in various parts of the country. Under those agreements it sells concentrate for manufacturing "tt" to the bottlers who actually manufacture and bottle the said aerated water drink and distribute it in their respective terrilories. Accordin