rendered in the case of N. Radhakrishnan Vs. Maestro Engineers [(2010) 1 SCC

72] . Further appears that issue of non-arbitrability is to be decided at the threshold i.e., at the referral stage. It further appears from paragraph 82 that the issue of non- arbitrability can be raised at three stages; firstly before the court on an application for reference under Section 11 or for stay of the pending judicial proceedings and reference under Section 8 of the Arbitration Act; secondly, before the Arbitral Tribunal during the course of the arbitration proceedings; or thirdly, before the court at the stage of the challenge to the award or its enforcement.

Therefore, what has been contended on behalf of learned counsel for the respondent that it is at the referral stage, the issue of non-arbitrability is required to be looked into, according to considered view of this Court is required to be considered in the facts of the given case.

However, the learned counsel for the petitioner has relied upon the judgment rendered in Pravin Electricals Private Limited Vs. Galaxy Infra and Engineering Private Limited (supra) wherein it has been laid down that deeper consider