D. S. R. VARMA, J.

( 1 ) HEARD both sides.

( 2 ) SINCE the parties being common and the issue involved being inter-related, both the Civil Miscellaneous Appeal and the Civil revision Petition are being disposed of by this common judgment.

( 3 ) C. M. A. No. 4381 of 2004 is directed against the order and decree, dt. 9-11-2004. passed by the District Judge, East Godavari at Rajahmundry, allowing the application i. A. No. 2316 of 2004 in O. S. No. 77 of 2004, filed under Order XL Rule 1 of the Code of civil Procedure seeking to appoint a receiver in respect of M/s. Venkata Naga Devi Picture palace, a cinema theatre in Rajahmundry, while C. R. P. No. 5995 of 2004 is directed against the order and decree, dt. 9-11 -2004, passed by the District Judge, East Godavari at Flajahmundry, dismissing the application i A No. 2623 of 2004 in O. S. No. 77 of 2004, filed under Section 8 of the Arbitration and conciliation Act, 1996 (for brevity "the Act"), seeking to refer the dispute to an Arbitrator as per Clause 17 of the Partnership Deed of m/s. Venkata Naga Devi Picture Palace, rajahmundry.

( 4 ) INASMUCH as the prime issue is - whether the matter is liable to be referred to an Arbitrator, we w

Click Here to Read the rest of this document