JUDGMENT :

ARUN BHANSALI, J.

This appeal under Section 37 (a) of the Arbitration and Conciliation Act, 1996 (‘the Act’) read with Section 13 of the Commercial Courts Act, 2015 (‘the Act, 2015’) is directed against the order dated 15/11/2018 passed by the Commercial Court, Jodhpur, whereby, the application filed by the appellant under Section 8 of the Act has been rejected.

2. The suit was filed by the respondent against the appellant and its Directors for recovery of sum of Rs. 71,26,096/- before the District Judge, Jodhpur (Metro), which was initially transferred to the court of Addl. District Judge No. 2, Jodhpur (Metro).

3. On being served with the summons in the suit, an application was filed by the appellant - company under Section 8 of the Act seeking reference of the parties to arbitration in view of existence of arbitration clause between the parties.

4. Reply to the application was filed by the respondent-plaintiff contesting the application filed by the appellant-defendant. It was alleged that the documents filed with the application were concocted and no such purchase orders were issued to the defendant company. Along with the reply, original purchase orders were produced an