MUKESH CHANDRASHEKHAR KUMARAN Vs. SUMAN VITTHALRAO IKHANKAR

JUDGEMENT

(1.) Rule made returnable forthwith.

(2.) The challenge in this petition is to the order dated 2nd May, 2013, passed below Exh. 17 in Regular Civil Suit No. 451/2013 by the learned 4th Joint Civil Judge, Junior Division, Nagpur. The learned Judge of the trial Court has allowed the application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the said Act'), and has directed the plaintiff to take steps to refer the present matter to the arbitrator as per the provision of the said Act. The court has held that in view of the arbitration clause contained in the agreement dated 16.11.2007, the civil court has no jurisdiction to entertain, try and decide the suit.

(3.) There is no dispute that a deed of partnership was entered into between the plaintiff and the defendant No.1 on 09.09.2005, which was subsequently amended on 16.11.2007 by executing separate agreement containing clause of arbitration. Undisputedly, the defendant Nos. 2 to 5 are not parties to any of the two deeds. In the Regular Civil Suit No. 451/2013 filed by the plaintiff, the reliefs are claimed as under;