SHALINI PHANSALKAR-JOSHI
Suman Baburao Thapa – Appellant
Versus
Jigar K. Mehta – Respondent
1. Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Peermohideen, learned counsel for the Petitioner, and Mr. Walimbe, learned counsel for Respondent Nos.1 and 2.
2. By this Writ Petition, filed under Article 227 of the Constitution of India, the Petitioner is challenging the order dated 17th November 2017 passed by the Joint Civil Judge, Senior Division, Panvel, below the application at “Exhibit-19” in Special Civil Suit No.566 of 2011.
3. The application at “Exhibit-19” was preferred by the present Petitioner, who is Defendant No.1 before the Trial Court, for referring the dispute to the Arbitrator, under Section 8 of the Arbitration and Conciliation Act, 1996, (for short, “Arbitration Act”).
4. Respondent Nos.1 and 2 herein had filed this Suit before the Trial Court for specific performance of the contract in respect of an 'Agreement of Sale' dated 4th July 2010, executed by the Petitioner in their favour. It pertains to the plot of land bearing No.A-57, admeasuring 850 sq.mtrs., situate at Sector No.16 at Village Ulave-II, Taluka Panvel, District Raigad, allotted by Respondent No.3-City and Industrial Development
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