CHIEF DIVISIONAL MANAGER Vs. VISHAL ROADLINES

JUDGEMENT

(1.) The petitioners - original defendants have filed this petition under Article 227 of the Constitution of India praying for quashing and setting aside the order dated 07.09.2007 passed by the learned Chamber Judge, City Civil Court, Ahmedabad below Chamber Summons Exh.27 whereby she has rejected the petitioners' application to refer the dispute to the Arbitrator under Section 8 of the Arbitration and Conciliation Act, 1996 read with Order VII, Rule 10 of the Civil Procedure Code.

(2.) This Court has issued notice on 16.10.2007 and ad -interim relief in terms of para 11 (b) was granted whereby further proceedings in Summary Civil Suit No.1671 of 2006 were stayed. The petition was thereafter admitted and rule was issued on 29.07.2008 and ad -interim relief granted earlier was ordered to be continued.

(3.) Heard Mr. M.R. Bhatt, learned Senior Counsel appearing for the petitioners and Mr. Shirish Joshi, learned Advocate appearing for the respondent.