JUDGMENT :

S.J. Mukhopadhaya, J.

By way of the present Letters Patent Appeal, appellant - Creative Infocity Limited [hereinafter referred to as "the appellant" or "CIL"], sought to question the validity of the order passed by the learned Single Judge dated 28.1.2009 in Special Civil Application No. 126 of 2009 preferred against the order passed by the 8th Additional Senior Civil Judge, Gandhinagar in respect of the application under Section 8 of the Arbitration & Conciliation Act, 1996 [hereinafter referred to as "the Arbitration Act"], being Exh. 17, filed by respondent - Gujarat Informatics Ltd. [hereinafter referred to as "the respondent" or "GIL"] in Regular Civil Suit No. 427 of 2008 filed by the appellant.

2. The brief facts of the case as pleaded by the appellant are as follows :-

2.1 An agreement entitled 'Concession Agreement' was executed by and between the appellant - CIL and the respondent - GIL, both being the Companies under the Companies Act, 1956 with one American Company in the name of "Creative IT Inc." as a confirming party thereto. As per the aforesaid Concession Agreement, the project of Infocity at Gandhinagar, Gujarat was contemplated to be developed through the