BASANT LALL SHAW Vs. MANOJ KUMAR JAYASWAL

JUDGEMENT

(1.) Rule, with the consent of the learned Counsel for the parties made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 13/5/2011 passed by the learned 3 rd Joint Civil Judge, Senior Division, Nagpur whereby the application (Exh. 13) filed by the petitioners herein under Sections 5 and 8 of the Arbitration and Conciliation Act, 1996 (for the sake of brevity, hereinafter referred to as the said Act ) came to be rejected.

(3.) The issue, which arises for consideration in the above petition, is as to whether the dispute as regards implementation of the directions of the Escrow Agent appointed under the Indenture of Family Settlement dated 31/7/2008 is arbitrable and has to be referred to the Arbitrator