IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR SECOND APEPAL NO.165/2010 INDRAJITSINGH RAMYADISINGH THAKUR ..VS.. CHIEF MANAGING DIRECTOR W.C.L. & ORS Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order . C ORAM : SMT. VASANTI A NAIK,J. DATED : 24/06/2010. Heard Shri Khajanchi, the learned advocate for the appellant and Shri Mehadia, the learned advocate for the respondents. The appellant is the original plaitniff. A suit was filed by the plaintiff for grant of mandatory injunction directing the Chief Managing Director of the W.C.L. to appoint an Arbitrator as provided in clause 9 of the General Terms and Conditions. Defendants denied the claim of the plaintiff and pleaded that in view of the provisions of Arbitration & Conciliation Act 1996, the civil court had no jurisdiction to entertain the suit. Both the courts concurrently held on a reading of the provisions of section 11 of the Arbitration & Conciliation Act 1996 that the suit filed by the plaintiff was not tenable and the civil court had no jurisdiction to try and decide the same. The courts were perfectly justified in dismissing the suit on the ground of tenability in view of the provisions of the Arbitration & Conciliation Act 1996. Since no substantial question of law arises for consideration in the second appeal, the same is dismissed with no order as to costs. JUDGE SMP