SUDARSHAN VISHWANATH MALPANI Vs. VINOD KUMAR SABOO

JUDGEMENT

(1.) The challenge in this writ petition in exercise of powers under Article 227 of the Constitution of India is to the order dtd. 9/10/2017 dismissing Notice of Motion No.1756 of 2017 to refer parties to arbitration under Sec. 8 of the Arbitration and Conciliation Act, 1996 and for dismissal of the suit.

(2.) Facts giving rise to the filing of the present writ petition are as under.

(3.) The respondent, therefore, filed Notice of Motion under Sec. 8 of the Arbitration and Conciliation Act, 1996. The City Civil Court, while refusing to accept request to refer the parties to arbitration under Sec. 8, passed an order of setting aside ex parte decree dtd. 28/10/2014 and restored the suit. The Trial Court directed the defendant to file written statement before next date. Said order of the Trial Court has been challenged by the petitioners in this writ petition.