Najmi Waziri, J.

1. This petition impugns an order dated 19.8.2013 whereby the petitioners’ application under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as “the Code”) read with Section 5 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”) was dismissed with costs of Rs.3,000/-. The petitioners’ aforesaid application had sought an identical relief which was dismissed on 17.4.2010 in the following facts :

In the respondents suit it was stated that Defendant Nos.2 to 5 were partners of defendant No.1 M/s. B.H. Enterprises which had been appointed as the non-exclusive stockist of the plaintiffs/respondents’ products in Delhi vide an agreement dated 8.8.1996. For the goods supplied to the defendants no sales tax was included in their price on the assurance that defendants would issue ST-35 Forms to the plaintiffs (suppliers) goods. Since the defendants had failed to supply the said forms and the Sales Tax Department had raised a demand on the plaintiff the suit was filed for recovery of statutory dues. Against the order dated 17.4.2010, the petitioner had approached this court in CRP No.91/2010, however, i