M.R. Shah, J.

1. By way of this petition under Article 227 of the Constitution of India the petitioner herein – original defendant No.1 has prayed for an appropriate writ, direction and order quashing and setting aside the impugned order dated 28.09.2016 passed below Exh.24 by the learned Judge, Commercial Court, Vadodara in Commercial Civil Suit No.251/2016, by which the application submitted by the petitioner No.1/1 herein – original defendant No.1/1 under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “Arbitration Act”) is rejected.

2. The facts leading to the present Special Civil Application in nutshell are as under:

2.1 That the respondent No.1/1 herein – original plaintiff claiming to be partner of partnership firm – Amin Associates (original defendant No.1) instituted Special Civil Suit No.148/2016 in the Court of learned Civil Judge (S.D.), Vadodara, against the original defendant No.1 – partnership firm – Amin Associates through its remaining partners and others for a declaration to declare the sale deed executed by the partners of the partnership firm – Amin Associates in favour of the original defendant No.2 – Nilambar Infrate