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2021 Supreme(HP) 726

JYOTSNA REWAL DUA
Super Vending Technologies – Appellant
Versus
Mukesh Sahni – Respondent


Advocate Appeared:
For the Appellant :Dibender Gosh and Ravi Shankar Sood, Advocates
For the Respondent:Dalip K. Sharma, Arvind Thakur, Advocates and Manju Negi, SBI Law Officer

ORDER :

JYOTSNA REWAL DUA, J.

1. An application moved by defendant No. 1 under Section 8 of the Arbitration and Conciliation Act 1996 (in short the Act) read with Order 7 Rule 11(d) of the Code of Civil Procedure was allowed by the learned trial Court vide order dated 20.07.2021. The parties were directed to refer the dispute raised in the plaint to the Arbitrator. The plaint was also ordered to be returned to the plaintiffs. Based on this order, a separate order of even date was also passed for returning the plaint etc. to the plaintiffs. Aggrieved against the aforesaid orders passed on 20.07.2021, the plaintiffs have moved the instant petition under Article 227 of the Constitution of India.

2(i). A civil suit was filed by the petitioners seeking permanent prohibitory injunction for restraining respondent No. 1 from interfering in the assets and properties described in the plaint and also in the business of plaintiffs as described therein. A decree of mandatory injunction was also prayed for directing respondent No. 1 to execute certain documents.

2(ii). On receipt of the notice of the plaint, defendant No. 1/respondent No. 1 filed an application under Section 8 of the Arbitration and

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