THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.2789 OF 2007 ORDER: The petitioners-defendants filed this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order dated 30.12.2006 passed in I.A.No.681 of 2006 in O.S.No.261 of 2006 on the file of the Principal Senior Civil Judge, Kurnool, in dismissing the petition filed under Order VII Rule 10 and Section 151 of the Code of Civil Procedure, 1908, seeking to dismiss the suit with costs having regard to the arbitration clause contained in Clause 25 of the Dealership Agreement dated 20.09.2004. The facts, in brief, which are necessary for disposal of this revision are that the suit has been filed for settlement of accounts by placing reliance on Clause 25 of the Dealership Agreement, wherein it is mentioned that “any dispute arising out of or in the constructive meaning effect in relation to in respect of this agreement shall be referred to arbitration under a sole arbitrator”. The petitioners herein sought dismissal of the suit. After contest denying about the arbitration clause and its applicability, the Court below did not agree with the request of the petitioners. However, it is submitted during the course of arguments that in fact, in pursuance of Clause 25 of the Dealership Agreement, the sole Arbitrator, namely Justice L. Agarwal (Retd.) was appointed and ultimately, an award dated 16.08.2007 was passed for a sum of Rs.30,39,891-21 ps and costs. Learned counsel for the respondent contended that there was no notice in the award proceedings. Having regard to the subsequent arbitration proceedings and passing of award, it is felt necessary that the matter requires reconsideration by the Court below. In view of the same, without going into the merits of the case, the Civil Revision Petition is allowed and the order dated 30.12.2006 passed in I.A.No.681 of 2006 in O.S.No.261 of 2006 is set aside. The matter is remanded to the Court below for fresh disposal in accordance with law. Both the parties are at liberty to bring to the notice of the Court below all the subsequent facts by filing appropriate fresh pleas. The Court below shall consider the same and pass appropriate orders uninfluenced by all these proceedings. No costs. _________________ (B.PRAKASH RAO, J) 24th February 2011 RRB