ORDER SUJOY PAUL, J. – This petition filed under Article 227 of the Constitution of India takes exception to the order dated 11-9-2020 whereby application filed by present petitioner/non-applicant No. 2 under Order 1, Rule 10(2) of Civil Procedure Code was dismissed by the Court below.

2. Draped in brevity, the relevant facts for adjudication of this matter are that respondent No. 1 filed an application under section 9 of the Arbitration And Conciliation Act, 1996 (Arbitration Act) before the Court below. Since petitioner/non-applicant No. 2 was impleaded as a party, he preferred an application under Order 1, Rule 10(2), Civil Procedure Code for deletion of his name. The bone of contention before the Court below was that section 9 proceedings are founded upon an agreement and petitioner/non-applicant No. 2 was not a party to the said agreement. The Court below after hearing the parties, passed a detailed order dated 11-9-2020 and rejected the aforesaid application filed under Order 1, Rule 10(2) of Civil Procedure Code.

3. Shri Priyankush Jain, learned counsel for the petitioner submits that initially a lease agreement dated 21-2-2012 (Annx.M/1) was entered into between the parties