( 1 ) THIS application captioned as under section 5 of Arbitration and Conciliation act, 1996 read with Order VII Rule 11 CPC seeks dismissal of the suit with exemplary costs. The prayer is made on the following premises: there is no privity of contract between the plaintiff P. K. Bajaj and the defendant. In fact there was some transaction between the defendant and one Aman bajaj as proprietor of Bajaj Studios and M/s. Apsons. As per the agreement with aman Bajaj the jurisdiction would lie in Mumbai. Further there is an arbitration clause in the agreements between the defendant and Aman Bajaj, section 5 of the arbitration and Conciliation Act bars the jurisdiction of this court in intervening in any matter in dispute and, therefore, the suit is not maintainable and the plaint is liable to be rejected under Order VII Rule 11 cpc. The application is opposed on the ground that the plaintiff is the proprietor of M/s. Bajaj Studios and M/s. Apsons and that any agreement between the defendant and Mr. Aman Bajaj has no application to the facts of the suit.

( 2 ) FROM the narration of facts given above it is clear that there is no agreement of arbitration between the plainti