In support of this contention Counsel relied upon two decisions, namely; (1) Monro vs Bognor Urban District Council where the Court of Appeal took the view that where the action brought was for damages for fraudulent mis representation and referred to matters wholly outside the powers of the arbitrator with which he could not possibly deal, the defendants could not get the action stayed because it could not be said that the dispute was upon or in relation to or in connection with the contract and (2) Ghewarchand vs Shiva Jute Bailing Ltd. where the Calcutta High Court has held that where the suit was wholly based on tort, then that action was not to be considered to be in relation to or in connection with a contract merely because it was shown that had there been ever no contract there would not have been any cause of action and what the Court had to look into was what the substance of the plaint was and not how the claim was framed.