ORAL JUDGMENT

The challenge in these appeals is to a common order dated 26.11.2021, whereby the learned Principal District and Sessions Judge at Davangere, has decided two applications in IA No.II and IA No.III in Com. O.S. No.8/2021.

3. IA No.II was filed by the appellant herein under Order 39 Rules 1 & 2 of CPC, seeking an ad-interim order of temporary injunction restraining the respondent herein from seizing the suit schedule vehicles from the custody of the appellant except under due process of law, till the pendency of the suit. Whereas, IA No. III was filed by the respondent herein under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Act 1996’) seeking an order in view of Article 15 of the Loan Agreement dated 22.10.2018, that the parties to the suit be referred to Arbitration.

5. On the application filed under Section 8 of Act 1996, the stand of the appellant was that the same is not maintainable. All the agreements relied upon by the respondent herein were created, including the clause of th