SANGEET LODHA,J. - (1.) This petition is directed against order dated 21.5.16 passed by the Additional District Judge No. 2, Abu Road in Civil Suit No. 146/15, whereby an application preferred by the petitioner/defendant under section 8 of the Arbitration and Conciliation Act, 1996 ('the Act'), has been dismissed.
(2.) The facts relevant are that the respondent-plaintiff filed a suit for recovery of Rs. 6,12,750/- against the petitioner. The respondent, a cement dealer, has claimed the amount on the ground that on the basis of the reward points, it was entitled for a Micro Oven and a Hyundai i10 car. The suit is being contested by the petitioner Company by filing a written statement thereto. The petitioner Company has denied the claim of the respondent alleging "Unfair Trade Practice". The petitioner Company also filed an application under Section 8 of the Act, alleging that as per Clause 10 of the agreement dated 16.10.08 executed between the parties, the dispute sought to be raised is referable to the arbitration and thus, the civil court has no jurisdiction to entertain the suit.
(3.) The application has been rejected by the court below observing that the dispute raised in the suit is not covered by Clause 10 of the agreement and therefore, the same cannot be referred to the arbitration. Hence this petition.;