(1.) As common question of law and facts arise in both these appeals, they are disposed of by this common judgment and order.
(2.) Feeling aggrieved and dissatisfied with the impugned passed below Exh.39 by the learned Judge, Commercial Court, Ahmedabad (hereinafter referred to as "learned Commercial Court") in Commercial Civil Suit No.90/2017 by which the learned Commercial Court has rejected the said application preferred by the original defendant No.1 which was submitted under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Arbitration Act, 1996"), the original defendant No.1 has preferred the First Appeal No.588/2018.
(3.) For the sake of convenience the facts in First Appeal No.588/2018 are narrated and First Appeal No.588/2018 be treated and considered as a lead matter.