Diptomoy Talukder

Mr. Basu has submitted that existence of the arbitration clause is a sine qua non for referring the parties forming the subject matter of a judicial action to arbitration and having regard to the fact that the arbitration agreement between Debjani and the present appellants is not in dispute nor the existence of the development agreement in view of the decisions of the Hon’ble Supreme Court in Agri Gold Exims Ltd. Vs. Sri Lakshmi Knits & Wovens & Ors. reported at (2007) 3 SCC 686, P.