- (1.) HEARD learned counsel for the parties.
(2.) THIS appeal is directed against the order dated 28.09.2013 passed by Additional District Judge No.2, Bhilwara, whereby, the application filed by the appellants under Section 9 of the arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') has been rejected on an application filed by the respondents under Order VII, Rule 11 CPC. The facts which are relevant for the purpose of present case are that : the appellants filed a Civil Suit being C.O. No.132/2013 (262/2013) before the Court of District Judge, Bhilwara for permanent injunction alongwith an application under Order XXXIX, Rule 1 and 2 CPC. The suit was opposed by the respondents by filing application under Order VII, Rule 11 CPC. After hearing the parties, the District Judge, Bhilwara by order dated 11.09.2013 allowed the application under Order VII, rule 11 CPC and referred the parties to arbitration in terms of Clause 3(h) in the lease agreement, which was subject matter of the suit.
(3.) WHEREAFTER , the present application under Section 9 of the Act was filed by the appellants seeking 'interim measure' regarding the subject matter of the arbitration agreement. The respondents filed an application under Order VII, Rule 11 CPC alleging that the earlier suit, which was filed by the parties was based on the similar allegations and was rejected by the court and, therefore, the present proceedings under Section;