GITA MITTAL, J.

( 1 ) BY this judgment, I propose to decide this application filed by the defendants under Section 8 of the Arbitration and Conciliation Act, 1996 seeking a direction that the disputes which are the subject matter of the present suit, be referred to arbitration.

( 2 ) THE applicant places reliance on Clause 23 of an agreement dated 30th March, 2001 which was entered into between Dinesh Kumar Mathur, subhash Rohilla, Meera Mathur and Usha Rani Rohilla. Based thereon, the defendants/applicants have contended that the present suit cannot be proceeded with in the light of Section 8 of the Arbitration and Conciliation Act, 1996 and the disputes have to be referred to arbitration.

( 3 ) FOR the purposes of adjudication of the present application, a distinction has to be borne in mind with regard to the suit claim and the subject matter of the arbitration agreement. In order to appreciate this distinction, it would be necessary to examine a few essential facts. It appears that M/s Alankar Ware Corporation, a partnership firm was established in the year 1973 between Shri Suraj Bhan Rohilla, son of Shri Saran, and Shri subhash Rohilla son of Shri Suraj Bhan Rohilla. It appears that the following other businesses using the word "alankar" were established in 1973 were also commenced by the said Shri Suraj Bhan Rohilla and Shri subhash Rohilla:

(i) Alankar Ware Corporation, a partnership firm which was established in 1973 by Shri Suraj Bhan Rohilla son of Shri Saran rohilla and Shri Subhash Rohilla, son of Shri Suraj Bhan rohilla. As on date, this firm is stated to be run by Shri Subhash Rohilla. (ii) M/s. Alankar International was established as a partnership firm between Shri Suraj Bhan Rohilla and Smt. Usha Rani in the year 1979. This firm is being run by Shri Subhash Rohilla as on date. M/s alankar International through Smt, Usha Rani, wife of Shri subhash Rohilla entered into a commission agreement on 29th of July, 1982 with M/s Atlantis Exports through Smt. Meera mathur, wife of Shri Dihesh Mathur. (iii) Pursuant to the above commission agreement, Shri Subhash rohilla and Shri Dinesh Kumar Mathur commenced the same work in a partnership dated 18th June, 1983 in premises belonging to Shri Subhash Rohilla under the name and style of "alankar Exports". (iv) M/s. Alankar Export Ltd. was established in 1983 with Shri suraj Bhan Rohilla, Shri Subhash Rohilla, Shri Dinesh Kumar mathur and Smt. Meera Mathur as its directors. Upon a settlement dated 2nd February, 2000 between the parties, this company was transferred to the control of Shri dinesh Mathur with the stipulation that it would get its name changed w. e. f. March, 2000. As on date and in terms of Clause 13 (1) (c) of the agreement between the parties, the name of this company stands changed with the Registrar of Companies w. e. f. 28th March, 2000 to M/s Akriti Creations Pvt. Ltd. (v) In 1991, Alankar Fashion Pvt. Ltd. was established with Shri subhash Rohilla and Shri Dinesh Mathur as its directors. As per the agreement dated 30th March, 2001, this company was transferred to Shri Subhash Rohilla who is the holder of registered trade mark "alankar". Therefore, it was agreed that shri Subhash Rohilla and Smt. Usha Rani Rohilla can continue the business in the same name. The name of this company was changed to Alankar Global Pvt. Ltd. in the year 2001.

(vi ). The position with regard to M/s Alankar Polymers established in 1991 with Shri Subhash. Rohilla and Shri Dinesh Kumar mathur as its directors is the same. Since this company fell to the control of Shri Subhash Rohilla, the registered proprietor of the trade mark "alankar" it continues to so exist.

( 4 ) THE parties had continued under the afore-noticed name and style in partnership firm and companies incorporated under the Indian Companies act for a considerable period. However, as disputes arose between them, they had entered into an agreement dated 2nd February, 2000 whereby an attempt was made to resolve th