P.K. Lohra, J.

By the instant appeal, under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'Act'), appellant has assailed order dated 23rd of August, 2018, passed Addl. District Judge No.2, Jodhpur Metropolitan, Jodhpur (for short 'learned Court below'). Learned Court below, by the order impugned, has rejected application of the appellant-defendant under Section 8(1) of the Act in a summary suit filed by respondent-plaintiff under Section 37 CPC for recovery of a sum of Rs.37,71,943.

2. Scorning the checkered history of the case, suffice it to state that respondent-plaintiff instituted a civil suit under Order 37 CPC against appellant before the learned Court below, inter-alia, on the ground that it is a proprietorship firm manufacturing quicklime and there were business transactions between plaintiff-firm and appellant-company since 2013. Further, elaborating the averments in this behalf, it is averred in the plaint that in the interregnum period from 25th of September 2013 to 12th of June 2014 petitioner company purchased quicklime worth Rs.58,37,204 including freight charges. The details of quicklime purchased by petitioner company from time to time i