Judgment :- The petitioner is the fourth defendant in the suit in O.S.No.5370 of 2004 laid by the first respondent herein on the file of the XVth Assistant Judge, City Civil Court, Chennai, for a) For a declaration that agreement cum declaration cum undertaking dated 21.11.1997 executed by the second defendant purported to be on behalf of the first defendant is null and void, ultra vires of the Memorandum and Articles of Association of the first defendant company not beneficial to the first defendant company and is not binding on the plaintiff and the first defendant company. b) Consequent permanent injunction restraining the fourth defendant from claiming any money or any right from the first defendant on the basis of agreement cum declaration cum undertaking dated 21.11.1997. c) Consequent permanent injunction restraining the defendants from proceeding further in the arbitration proceedings based upon the agreement cum declaration cum undertaking dated 21.11.1997. 2. In the said suit, the first respondent/plaintiff has also obtained an order of interim injunction in I.A.No.17878 of 2004 restraining the defendants from proceeding further in the arbitration proceedings based upon the Agreement cum declaration of undertaking dated 21.11.1997 executed by the second respondent pending disposal of the above suit. 3. Alleging that the petitioner/fourth defendant in the suit has already filed counter affidavit, but still the interlocutory application in I.A.No.17878 of 2004 is not taken up for enquiry and complaining that the learned Judge adjourns the matter often for the appearance of the arbitrator, the fifth respondent herein, who is concededly, the Chief Justice (Retired) of the Jammu and Kashmir High Court, the petitioner has preferred the above civil revision petition. 4. Heard Mr.Vasudevan, learned counsel for the petitioner and Mr.Om Prakash, learned counsel for the respondent. 5. Learned counsel for the first respondent submits that the case is posted for enquiry on 26.11.2004 and they are also ready for the arguments. 6. In that view of the matter, suffice it to direct the learned XV Assistant Judge, City Civil Court, Chennai to complete the enquiry and pass appropriate orders within two weeks from the date of receipt of a copy of this order, of course, without insisting the appearance of the arbitrator, the fifth respondent herein. The petition is disposed of accordingly. Consequently, connected C.M.P.No.18695 of 2004 is also closed. No costs.