K.C. Sood, J.—The order will dispose of O.M.P. s No. 32 and 57 of 2004 in Civil Suit No. 52 of 2003 and O.M.P. s No. 12 and 56 of 2004 in Civil Suit No. 51/2003 as parties in both the suits are same and one of the question raised is same in both the suits.

2. O.M.P. No. 32 of 2004 is filed by the defendant under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the dispute raised in civil suit No. 52 of 2003 to the Arbitration. By OMP No. 57 of 2004 in Civil Suit Nos. 52 of 2003 and 56 of 2004 in civil suit No. 51 of 2003 under Order 8 Rule 1 of the Code, the plaintiffs pray for closing the defence of the defendant for having failed to file the written statement within the time limited under Order 8 Rule 1 of the Code of Civil Procedure. O.M.P. No. 12 of 2004 (Civil Suit No. 51 of 2003) is filed by the defendant for rejection of the plaint.

3. Plaintiff in civil suit No. 52 of 2003 is M/s. Shobit Construction and another and in civil suit No. 51 of 2003 is Shobit Fabricator and another. The defendant is the same in both the suits.

4. Plaintiff in both the suits claim recovery of the amount due to the plaintiff along with pendente lite and future interest.