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PRINCIPAL SEAT AT GUWAHATI
M/S ASSAM WOOD PRODUCTS PRIVATE LTD. AND 3 ORS. – Appellant
Versus
MAHESH KR. RASIWASIA AND 9 ORS. – Respondent


ORDER

Date : 21.06.2023 Heard Mr. B. Dutta, the learned Senior Counsel assisted by Mr. J. Das, the learned counsel appearing for the Petitioner and Mr. S. Chamaria, the learned counsel appearing on behalf of the Respondent Nos. 1.

2. Mr. S. Chamaria, the learned counsel has also filed a Caveat No. 560/2023 and the Caveat is accordingly discharged.

3. This is an application under Article 227 of the Constitution challenging the order dated 15/5/2023 passed by the Court of the learned Civil Judge, Tinsukia in Misc. (J) Case No. 40/2020 arising out of Title Suit No. 75/2019. A perusal of the impugned order dated 15/5/2023 passed in Misc. (J) Case No. 40/2020 reveal that vide the said order, the learned Trial Court rejected the application under Section 8 of the Arbitration and Conciliation Act, 1996 (for short the ‘Act of 1996’).

4. It appears from the records that the Respondent No. 1 herein as Plaintiff had instituted a suit being Title Suit No. 75/2019 against the various persons including the Defendant Nos. 1 to 4, who are the Petitioners in the instant proceedings. A perusal of the Plaint reveals that various reliefs were interalia sought, including the relief for cancellation of the

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