(1.) The present petition, under Article 227 of the Constitution of India, is filed by being aggrieved and dissatisfied with the impugned order dtd. 27/8/2021 passed below Exh.33 application in Special Civil Suit No.34 of 2020 by the learned 16th Addl. Civil Judge, Rajkot, whereby the learned trial judge has allowed the said application, which is filed under the provisions of Sec. 8 of the Arbitration and Conciliation Act, 1996, (for short, "the Act").
(2.) Brief facts, as per the case of the petitioner in the present petition, are as such that petitioner herein is the original plaintiff and respondents herein are the original defendants of the Special Civil Suit No.34 of 2020. It is averred in the suit that original plaintiff and defendant Nos.1, 2 and 6 to 11 are partners in Registered Partnership Firm M/s Tathya Enterprise having its registered office at Rajkot. Firm is basically registered to do the business of builders, property developers, civil and labour contractors, real estate dealer as well as agent and other related work. The partnership deed is registered at Sr.No.4578 on 03/10/2017. In the partnership firm deed, there is Clause 15, whereby the original plaintiff and defendants Nos.1 and 2 are authorized to execute all the documents, to register all the documents on behalf of partnership firm. After registration of partnership firm, the partnership firm had purchased the property vide registered sale deed No.7730 dtd. 26/11/2018.
(3.) Heard learned Senior Advocate Mr. Percy Kavina with Mr. Harnish Darji, learned Advocate for the petitioner assisted by learned Advocate Mr. Ruchir Joshi for the petitioner, learned Advocate Mr. P.P. Majmudar with Mr. Arpit Singhvi, learned advocate for the respondent Nos.12 and 13 and learned advocate Mr. Pratik Jasani for the respondents Nos.2 and 7. Though served, none appears for the respondent Nos.1, 3 to 6 and 8 to 11.