JUDGMENT :

1. By way of this petition under Article 227 of the Constitution of India, the petitioner – original applicant has challenged the order dated 16.7.2021 passed by the Commercial Court and learned 12th Additional District Judge, District and Sessions Court, Surat below interim application filed by the applicant in Commercial CMA no.2 of 2021.

As all documents including the material relied upon before the trial court is forming part of the record of this petition, we do not deem it fit to call for the original record and proceedings but to decide this petition on the basis of the record before us. The pleadings and documents which are relied upon by the parties before the trial court is part of the paper book. We have called for the original record and proceedings of IAAP 5 of 2021.

2. Following noteworthy facts emerge from the record of the petition:-

2.1 That, the parties to this petition entered into Cargo Handling Agreement (CHA) (hereinafter referred to as "the agreement") on 21.2.2011. It appears from the record that Article 15 of the said agreement stipulates that the disputes between the parties arising out of the said agreement shall be settled by way of arbitration.