JAYANT NATH, J.

IA No. 11744/2018

1. This application is filed by the defendant under section 8 of The Arbitration & Conciliation Act to refer the parties to arbitration.

2. The suit is filed seeking the following reliefs:-

(a) A decree declaring that the obligations under the Guarantee no longer subsist and/or stand discharged;

(b) A decree declaring that the notice of arbitration dated 03.05.2018 is void and unenforceable insofar as the Plaintiff is concerned;

(c) A decree of permanent injunction restraining the Defendant from proceeding further with the notice of arbitration dated 03.05.2018 insofar as the Plaintiff or from initiating any other arbitration proceedings against the Plaintiff;

3. The case of the plaintiff is that the defendant through Engineers India Limited floated a tender inviting bids for Integrated Utilities and Off-sites Package for setting up of utilities and off-sites and integration thereof for defendants Petrochemical Complex. Fernas Construction India Private Limited (FCIPL), a subsidiary of the plaintiff company, participated in the same. On 03.12.2010 the plaintiff issued a "Parent Company Guarantee". The bid of FCIPL was accepted and a contract was