THE HONOURABLE SRI JUSTI CE P.SAM KOSHY AND THE HONOURABLE SRI JUSTI CE N.TUKARAMJI CI VI L MI SCELLANEOUS APPEAL No.692 of 2023

JUDGMENT

(per the Hon’ble Sri Justice P.Sam Koshy)

The instant is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (briefly the ‘A&C Act’ hereinafter). The challenge is to the order dated 06.11.2023, in I.A.No.134 of 2022 in O.S.No.603 of 2022, passed by the IX Additional District Judge, R.R. District at L.B. Nagar.

2. Heard Mr. S.Vivek Reddy, learned Senior Counsel, representing Mr. Kailash Nath P S S, learned counsel for the appellants, and Mr. B.Chandrasen Reddy, learned Senior Counsel, representing M/s. Chandrasen Law Offices for the respondents.

3. Vide the impugned order, the Trial Court dismissed a petition filed by the appellants herein under Section 8 of the A&C Act read with Order VII Rule 11 of Civil Procedure Code, 1908 (for short, ‘CPC’) seeking to refer the parties to resolve the dispute by resorting to arbitration clause.

4. The brief facts which led to filing of the instant appeal are that the respondents herein preferred a suit in O.S.No.603 of 2022 for specific performance seeking relief of a direction to the appellan