1. As common question of law and facts arise in these group of petitions, they are being disposed of by this common judgment and order. The short but an interesting question of law posed for the consideration of this Court is whether in view of bye-laws in Chapter XI of National Stock Exchange of India Limited, whether the jurisdiction of civil suit is barred or the civil court's jurisdiction to entertain the dispute between petitioner and the respondent have been ousted ?

1.1 Special Civil Application No.24299 of 2007 is filed by the petitioner-original defendant under Article 227 of the Constitution of India for an appropriate writ, order or direction quashing and setting aside the order dated 6.7.2007 passed below application Exh.27 in Special Civil Suit No.233 of 2001 (New Number Regular Civil Suit No.337 of 2005) passed by the learned 7th Additional Senior Civil Judge, Junagadh by which the learned trial court has dismissed the said application submitted by the petitioner-original defendant submitted under Order 7 Rule 11(d) of the Code of Civil Procedure which was submitted to dismiss the suit.

1.2 Special Civil Application No.24300 of 2007 is filed by the petitioner-original defendant under Article 227 of the Constitution of India for an appropriate writ, order or direction quashing and setting aside the order dated 6.7.2007 passed below application Exh.18 in Special Civil Suit No.231 of 2001 passed by the learned 7th Additional Senior Civil Judge, Junagadh by which the learned trial court has dismissed the said application submitted by the petitioner-original defendant submitted under Order 7 Rule 11(d) of the Code of Civil Procedure which was submitted to dismiss the suit.

1.3 Special Civil Application No.24302 of 2007 is filed by the petitioner-original defendant under Article 227 of the Constitution of India for an appropriate writ, order or direction quashing and setting aside the order dated 6.7.2007 passed below application Exh.23 in Special Civil Suit No.232 of 2001 passed by the learned 7th Additional Senior Civil Judge, Junagadh by which the learned trial court has dismissed the said application submitted by the petitioner-original defendant submitted under Order 7 Rule 11(d) of the Code of Civil Procedure which was submitted to dismiss the suit.

2. Respondent in each of the petition had instituted the aforesaid special civil suit against the petitioner-defendant for recovery of the amount as mentioned in the suits. Certain trades of shares were transacted by the concerned respondent-plaintiff through the petitioner who is a registered trading member and stock broker of National Stock Exchange of India Limited and contracts were drawn and issued and the bills were also drawn and issued in respect of such trades executed by the petitioner on behalf of the respondent. It was alleged that certain amounts were due and payable by the petitioner to the respondent and therefore the respective respondent-original plaintiff instituted the aforesaid suits in the Court of learned Civil Judge (S.D.), Junagadh. That in the said suits, the respective petitioners-original defendants submitted application under Order 7 Rule 11(d) of the CPC read with Section 142 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”) to reject the respective plaints submitting that the petitioner-original defendant is a Private Limited Company and `trading' member' of National Stock Exchange of India Limited and the transactions took place between the plaintiff and the defendant are subject to and governed by the bye-laws and regulations of the National Stock Exchange. It was submitted that there is an arbitration clause behind all the bills and vouchers of the plaintiff. The said arbitration clause is in a printed form and therefore the plaintiff is a constituent and the defendant is trading member and therefore any dispute between the constituent and a trading member is to be referred to the arbi