In this behalf submissions of Counsel may be analysed thus : (a) That two decisions one of the Calcutta High Court in Balabux Agarwalla 's case (supra) and the other of this Court in Gaya Electric Supply Co 's case(1), have settled the legal position under that a Court acting under section 34 is a Court of limited jurisdiction performing a limited function and that a petition under section 33 (which raises issues regarding the existence, validity or effect of an arbitration agreement) cannot be stayed by invoking section 34 of that Act, unless, there be a fresh arbitration agreement to refer those very issues in regard to the previous arbitration agreement and, therefore, it should similarly be held that section 3 of the Foreign Awards Act, (which is similar to section 34 of the ) cannot be 490 invoked to stay a suit which is in the nature of as.