Ms. Sonia Gokani, J.—The present petition is preferred by the original defendant challenging the order of the learned Principal Senior Civil Judge, Surat passed in Special Civil Suit No. 3 of 2011 against the petitioners-defendants in a suit for declaration and permanent injunction preferred by the respondents herein to restrain the petitioner from transferring the properties belonging to the partnership firm and for such other reliefs.

2. Petitioners-defendants made an application at exhibit 15 before the Court on 20th January, 2011, inter alia contending that the suit is barred by Section 8 of the Arbitration and Conciliation Act, 1996(hereinafter referred to as “the Act”), for there being specific condition in the partnership deed for referring the disputes concerning the affairs and matters of partnership firm to the Arbitrator to be appointed by the partners of the firm and for such appointment, Court was not to be approached. In this circumstance, petitioner herein (original defendant) requested the Court to stay the said suit of the plaintiffs-respondents based on the partnership agreement for getting its share along with interest and to issue the direction to resolve