SHANTILAL SHIVABHAI JADAV Vs. KAUSHIKBHAI HIRALAL SIDDHIWALA

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India, has been filed by the original defendants no. 1 to 3 - petitioners herein. The petitioners have challenged the order below Ex. 23 dated 05.05.2016 passed by the learned Principal Civil Judge, Bharuch in Regular Civil Suit No. 152 of 2015. By the aforesaid order, the application of the petitioners filed under Section 8(2) of the Arbitration and Conciliation Act, 1996 (for short "the Act") praying that the subject matter of the suit be referred to the Arbitrator was rejected.

(2.) The facts in brief are as under:

(3.) Shri Maulik R Shah, learned advocate appearing on behalf of the petitioner has appeared for the petitioners and has assailed the findings of the trial Court as under: