1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL REVISION APPLICATION NO.131 OF 2010 M/s. Castel Enterprises and Others ...Applicants. v. Arjun M. Wayle and Ors. ...Respondents. Mr. G.S.Godbole i/by Rajesh S. Datar, advs., for the Applicants. Mr. P.R.Arjunwadkar, adv. for the respondents. CORAM : J.H.Bhatia, J. DATE : 29th September, 2010 P.C.: 1 After some discussion at the bar with consent of the learned counsel for the parties, the impugned order is set aside and the revision application stands disposed off with the following directions: (i) Trial Court shall first hear and decide application, Ex. 41 moved by the defendant nos.6 to 8 before the trial Court to delete their names from the suit. If that application is allowed, the trial Court shall allow the defendant nos.1 to 5 to file original agreements or certified true copies of the said agreements containing clauses about arbitration in support of the application, Ex.132 filed under Section 8 of the Arbitration and Conciliation Act. On completion of that 2 formality , the trial Court shall hear the application Ex.132 for reference of the dispute to the arbitration and while deciding that, he may also decide question of jurisdiction. While deciding the application Ex.132 and the question of jurisdiction , the trial Court shall not be influenced by any observations made by him in the impugned order dated 12.2.2010. It is made clear that the trial Court will not be called upon to decide any question under Order 7 Rule 11 of the CPC. (J.H.BHATIA, J.)