Dr. Vineet Kothari, J. - (1.) The present Revision Petition under Sec. 115 of the Code of Civil Procedure has been filed by the petitioner -defendant No. 1 -Rajasthan State Ganganagar Sugar Mills Limited, Jodhpur against the impugned order dated 18.10.2008 passed in Civil Original Case No. 107/2008 "Devendra Kumar Suhalka v/s. Regional Manager, Rajasthan State Ganganagar Sugar Mills & Ors." by the learned Additional District Judge (Fast Track) No. 5, Udaipur by which, the learned District Judge has rejected the application filed under Order 7 Rule 11 of the Code of Civil Procedure by the petitioner -defendant No. 1.
(2.) The petitioner -defendant No. 1 -Rajasthan State Ganganagar Sugar Mills Limited, Jodhpur aggrieved by the order dated 18.10.2008 rejecting their application filed under Order 7 Rule 11 of the Code of Civil Procedure has filed the present revision petition.
(3.) The learned Trial Court of Additional District Judge (Fast Track) No. 5, Udaipur has rejected the application of the defendant No. 1 on the ground that as per Clause (14) of the Notice Inviting Tenders (NIT), in case of the dispute, if any, in relation to the acceptance or rejection of any application or tender given in pursuance of the aforesaid NIT, the same may be referred to the Arbitrator, who is the In -charge and Managing Director of the Rajasthan State Ganganagar Sugar Mills Limited itself and the clause (14) is only a condition mentioned in the NIT and does not form part of the final agreement/contract between the parties for vending of liquor and, therefore, the plaintiff had a right to recover the dues payable by the defendants (Ganganagar Sugar Mills), after performance of the contract on his part by filing the present suit and it was not necessary to refer the dispute to the Arbitrator in view of Sec. 8 of the Arbitration and Reconciliation Act, 1996 ('the Act of 1996').;