ORDER :

1. Petitioner is the plaintiff in O.S.No.458/2014; the respondent is the 1st defendant and the 2nd respondent is the 2nd defendant; suit is for a decree of specific performance; it is founded on the Agreement to Sell dated 14.09.2012; 1st defendant has filed the Written Statement resisting the suit on merits; however the 2nd defendant has filed application in I.A.No.2 u/s.8 of the Arbitration & Conciliation Act, 1996, seeking relegation of the plaintiff to arbitration; this application having been favoured, the petitioner is grieving before the Writ Court.

2. After service of notice, the contesting respondent having entered appearance through his counsel vehemently opposes the writ petition contending that sec.8 of the Act is invokable by a person who claims under a party to the Arbitration Agreement and therefore the impugned order is unassailable; he points out that the change brought about to this section by way of amendment in 2016 relates to Forum of adjudication and thus it is a procedural matter and consequently has retrospective operation; so contending he seeks dismissal of the writ petition.

3. Having heard the learned counsel for the parties and having perused the p