CR Nos. 174 and 175 of 2002 7.8.2008 Present: Mr. Neeraj Gupta, counsel for the petitioners. Mr. Vijay Pandit, counsel for the respondent. Heard. Both these revision petitions are taken up for disposal together. The grievance of the petitioners herein is against the order passed by the learned trial Court in an application under Order 14 Rule 2 of the Code of Civil Procedure and Section 8 of the Arbitration and Conciliation Act, 1996. Learned counsel appearing for the petitioners contends that the question of territorial jurisdiction as also as to whether the dispute is arbitrable or not are required to be considered as preliminary questions/ issues and cannot be postponed for decision till the end, as the decision on both these issues at the threshold would determine not only the forum, but also maintainability of the suit. I have heard the learned counsel for the parties and gone through the record. Learned counsel appearing for the petitioners has drawn my attention to the judgment passed by this Court in Arbitration Case No. 71 of 2003 to contend that these issues already stand concluded. This fact is disputed by learned counsel appearing for the -2- respondent-plaintiff. Learned counsel submits that the suit out of which these proceedings arise and the arbitration case referred to, are quite distinct and different from each other. I am not going into the respective merits of this contention. Needless to say, that the order of rejection passed by the learned Court on the applications filed by the petitioners-defendants herein cannot be sustained. Both the orders are quashed and set aside and a direction issued that the applications shall be reconsidered again by the trial Court. It shall also consider as to whether the suit is covered by the judgment in Arbitration Case No. 71 of 2003. Parties shall appear before the trial Court on 26.9.2008. Both these petitions are disposed of accordingly. There shall be no order as to costs. Pending application(s) shall stand disposed of. Records be sent back forthwith. August 7, 2008 (PC). (Dev Darshan Sud), J.