Surya Kant, J. - (1.) THIS revision petition is directed against the order dated 12.4.2007 passed by the learned Additional Civil Judge (Senior Division), Phul whereby an application under Section 8 of the Arbitration & Conciliation Act, 1996 (in short the Act) moved by the petitioner -defendant, has been dismissed.
(2.) THE petitioner moved the afore -stated application in a suit for recovery filed by the respondent -plaintiff. To support his contention that the dispute between the parties is referable to the Arbitrator for adjudication, the petitioner relies upon certain Distributorship Agreements dated 25.11.2003, 27.11.2003 and 23.4.2004 (Annexures P -1, P -2 and P -4 respectively) which contain a clause in terms whereof, the disputes between the parties can be referred to the Arbitrator. However, the respondent -plaintiff has specifically denied the execution of these agreements and has taken further plea that the dispute which is subject matter of the recovery suit filed by him, is not covered by the arbitration clause(s) relied upon by the petitioner. Accepting the afore -stated first objection taken by the respondent -plaintiff, the application under Section 8 of the Act has been dismissed by the learned trial Court. Aggrieved, the petitioner -defendant has filed this revision petition. 3.1 Notice of motion was issued and in response thereto, the respondent has put in appearance. Several documents, affidavits and additional affidavits have also been placed on record. During the course of hearing, consensus has emerged and learned Counsel for the parties have agreed that the learned Civil Court may firstly go into the validity of the alleged agreements between the parties and thereafter it may examine as to whether or not the dispute which is subject matter of the civil suit for recovery, falls within the ambit of 'arbitration clauses' contained in these agreements.
(3.) IN this view of the matter, the impugned order dated 12.4.2007 (Annexure P -l5) is set aside and the learned Civil Court is directed to frame two preliminary issues regarding (i) execution/genuineness of the agreements relied upon by the petitioner; and (ii) whether or not the subject matter of the civil suit would be covered by the arbitration clause contained in those agreements. The parties may be granted reasonable opportunities to lead their respective evidence in support of the preliminary issues. The further consequences would depend upon the final conclusion to be drawn by the learned Civil Court on the preliminary issues. Disposed of. Dasti.;