SHIV KUMAR JAIN Vs. AKSHAY JAIN

JUDGEMENT

(1.) THE present Civil Revision application is directed against the order dated 28.08.2013 passed by the learned Sub Judge -1, Chaibasa in T.S. Case No. 12 of 2013, whereby the application dated 20.07.2013 filed by Shiv Kumar Jain, petitioner(defendant No. 3 in the suit), under Section 5 read with Section 8 of the Arbitration and Conciliation Act, 1996 was dismissed and learned court refused to refer the case for arbitration.

(2.) THE brief facts of the case are as under: - -

(3.) HEARD the learned lawyer for the parties. The learned trial court has relied upon the judgment passed in the case of Sukanya Holdings Pvt. Ltd. Versus Jayesh H. Pandya and another", reported in : 2003 AIR (SC) 2252 wherein, inter alia, it has been held as follows: - -