JUDGMENT :

Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the rival parties.

(2) By this writ petition, the petitioners (original plaintiffs) have challenged order dated 01/12/2018, passed at Exh.1 and 24 by the Court of 6th Joint Civil Judge, Senior Division, Nagpur (hereinafter referred to as the “trial Court”). Exh.24 was an application filed by the respondents (original defendants) under Section 8 of the Arbitration and Conciliation Act, 1996 (Act of 1996), for referring the matter to arbitration by contending that there was an arbitration agreement between the parties. As a consequence of the said application being allowed, order was passed on Exh.1 on the same date, whereby it was observed that in view of the application at Exh.24 being allowed, the suit itself stood disposed of, with the parties to go for arbitration in terms of the arbitration agreement.

(3) It appears that aggrieved by the said orders, passed by the trial Court, the petitioners filed Regular Civil Appeal No.93 of 2019, before the Court of Principal District Judge, Nagpur. By judgment and order dated 12/02/2021, the said Court dismissed the appeal as u