1. This is an application for stay of the suit being Suit No. 17 of 1983 instituted in this Court by J. N. Chemicals Private Ltd. thereinafter referred to as the Company, against Sudhir Kumar Saha and Ors. The reliefs claimed in the suit, inter alia, are (i) declaration that the plaintiff is a sub-tenant under Saha Films in respect of a portion of premises No. 77/2/1, Lenin Sarani, Calcutta and is entitled to remain in occupation and possession thereof, (ii) perpetual injunction restraining the defendants from interfering with the plaintiff's right in respect of its said sub-tenancy, (iii) declaration that the direction or award of the Arbitrator Mr. Shibaji Sen, inter alia, directing the plaintiff to vacate its city office at No. 77 / 2/1, Lenin Sarani, Calcutta, is invalid, unenforceable and not binding on the plaintiff.

2. The application is made both under S.34 of the Arbitration Act 1940 and S.151 of the C.P.C.

3. No arguments have, however, been made on behalf any of the parties with regard to stay of the suit under the inherent powers of this Court under S.151 of the Civil P.C.

4. The entire arguments that have been made before me are on the basis of applicability or non - applicability of the provisions of S.34 of the Arbitration Act, 1940.

5. There is no dispute that the petitioners have not taken any steps in the said Suit No. 1 of 1983 stay of which is prayed for.

6. The company is a family company of the parties, that is the Saha family. Disputes and differences having arisen between the members of the Saha family, the same were referred to the sole arbitration of Mr. Sibaji Sen, the respondent 5 herein. Three several arbitration agreements were executed by various members of the Saha family. By one of such agreements the parties thereto referred to the sole arbitration of Mr. Sibaji Sen all the disputes and differences arising in relation to their joint properties. By another agreement the partners of Messrs. Saha Films, a partnership business of the parties thereto referred all their disputes and differences arising in relation to or touching or concerning Messrs. Saha Films of No. 77/2/1, Lenin Sarani, Calcutta to the sole arbitration of Mr. Sibaji Sen.

7. In this case I am not concerned with the above two agreements.

8. This case relates to the third agreement which is executed by Jatindra Nath Saha, Sudhir Kumar Saha, Sachindra Nath Saha, Jyotish Kumar Saha, Samir Kumar Saha and Sukriti Saha wife of Jatindra Nath Saha as Directors of the Company. It is necessary to set out the said agreement : -
"We, the undersigned, hereby agree to refer all the disputes and differences arising out of or in connection with or in relation to J. N. Chemicals (P) Ltd., of Vivekananda Road P. O. and Dist. Hooghly and the acts of any of the parties in respect of or in relation to or arising out of the said Company to the sole arbitration of Mr. Sibaji Sen, Advocate of No. 16, Loudon Street, Calcutta."

9. By another agreement the parties vested the Arbitrator with summary powers and also the power to appoint Accountant, Engineers, Valuer and Surveyors etc. at his discretion.

10. The Arbitrator entered on the reference and held several sittings. Ultimately on the 30th Sept. 1981 the Arbitrator made an award which is described as an interim award The said interim award was made by consent of the parties and at their request Sub-cl.(ii) of cl. V of the said interim award, inter alia, directs that Sudhir Kumar Saha shall pay to the Company a sum of Rs. 9,000.00 and upon such payment being made the Company shall shift its city office within a year from the date of the award.

11. This direction of the Arbitrator in the said interim award is under challenge by the Company in the said Suit No. 17 of 1983 which is sought to be stayed in this application.

12. Mr Jayanta Mitter, learned Counsel for the petitioners contended that the arbitration agreement being executed by the signatories thereto as Directors of the Company the Company becam