( 1 ) THIS is to consider an application under Article 227 of the Constitution of India read with section 115 of the Code of Civil Procedure challenging an order dated October 4, 2002 passed by Shri A. Bhattacharya, learned Civil Judge (Senior Division), Fourth Court at Alipore, District: South 24 Parganas in Title Suit No. 69 of 2002.

( 2 ) BY the order impugned the learned trial Judge rejected an application under section 8 of the Arbitration and Conciliation Act, 1996 (the said Act of 1996 in short) filed by the defendant, the petitioner in this revisional application, on August 28, 2002.

( 3 ) THE association of the plaintiff, the opposite party No. 1 in this revisional application, with the defendant and its predecessor-companies was for a considerable period and the plaintiff was the dealer of various motor vehicles manufactured by the defendant and its predecessor-companies. From time to time the dealer agreements were entered into by and between the parties and on January 25, 1999 an agreement was executed between the parties for a period of three years. On October 31, 2001 the defendant, also, accepted the offer of the plaintiff for handling the Kolk