- (1.) Aggrieved by order dated 07.06.2012 Annexure P-4 passed by the trial Court, plaintiff has approached this Court by way of instant revision petition under Article 227 of the Constitution of India to assail the said order whereby trial Court has allowed application Annexure P-3 moved by respondents/defendants under Section 8 of the Arbitration and Conciliation Act, 1996 (in short, the 'Act').
(2.) Petitioner-plaintiff filed suit against respondents/defendants vide plaint Annexure P-1 for recovery of money as price of goods supplied by plaintiff to defendants and interest on the said amount.
(3.) Defendants in their application Annexure P-3 under Section 8 of the Act alleged that the goods were supplied by the plaintiff to the defendants on the basis of various purchase orders placed by defendant No.1 on the plaintiff and as per clause 10 of the purchase orders, all the disputes between the parties are required to be referred to sole Arbitrator to be appointed by the defendants. Defendants accordingly prayed that the dispute be referred to sole Arbitrator Mr. Rajesh Sharma, Advocate who has been appointed as such by the defendants and communicated to the plaintiff vide letter dated 12.02.2005.;