D. C. SRIVASTAVA, J.

( 1 ) ). This revision under Sec. 115 of the Code of civil Procedure has been filed by the Gujarat State Fertilizers Co. Ltd. against the order of the Court below dismissing an Application for interim injunction during the pendency of the Arbitration proceeding restraining the respondent no. 1 from proceeding with the Arbitration proceeding.

( 2 ) ). The facts giving rise to this revision are as under : the revisionist filed an application under Sec. 33 of the Arbitration Act for a declaration that there existed no arbitration Agreement between the parties. The parties had already referred their dispute to the Arbitrator. The Arbitrator entered upon the reference when Application under Sec. 33 of the Arbitration act was moved by the revisionist. Another Application under Order 39, Rules 1 and 2 C. P. C. was filed for restraining the respondent No. 1 from proceeding with arbitration proceeding.

( 3 ) ). The petitioner was in need of sulphur, hence invitation of tender for import of sulphur was floated on 14th July 1992. The respondent No. 1 submitted its offer on 27th July 1992. According to the petitioner the offer was not strictly in accordance with the terms o

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