JUDGMENT:

(P. Sam Koshy, J.)

The present is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter, the ‘Act of 1996’) preferred by the appellant/defendant assailing the order dated 28.03.2023 in I.A.No.2474 of 2023 in O.S.No.105 of 2019 passed by the I Additional Chief Judge, City Civil Court, Secunderabad.

2. Heard Mrs. Manjari S Ganu, learned counsel for the appellant/defendant and Mr. Vedula Srinivas, learned Senior Counsel representing Ms. Vedula Chitralekha, learned counsel for the respondent/plaintiff.

3. Vide the impugned order; the Court below has rejected an application filed by the appellant/defendant under Section 8 of the Act of 1996 and refused to refer the dispute to be resolved by way of arbitration.

4. The dispute revolves around a Flat i.e. Flat No.305 in an apartment known as Innovation Residency constructed by the respondent/plaintiff M/s. Innovation Builders. The appellant/defendant had filed the Original Suit i.e. O.S.No.105 of 2009 for recovery of possession and damages in respect of the aforementioned Flat No.305 in the apartment Innovation Residency located at premises bearing No.142/C, Prenderghast Road, Secunderabad.

5. The