1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 1308 OF 2010 Mr. Arumogham Thankappan Nadar ...Petitioner V/s. M/s Hemal Builders . ...Respondent. ----- Ms. Neeta Karnik, for the Petitioner. Mr. K.S. Dewal, for the Respondent. ------ CORAM : S.J. VAZIFDAR, J. DATED : 4 th MARCH, 2010. P.C: 1. Rule. By consent the rule is made returnable forthwith. 2. The impugned order is set aside only on the limited ground that application though stated to be under section-8 of the Arbitration & Conciliations Act, 1996 only sought framing and decision of the preliminary issue as to the jurisdiction and maintainability of the suit. In other words, it was not an application to refer parties to Arbitration, although the application was based on the existence of a arbitration clause. 3. In this view of the matter, it is not necessary to consider 2 the other contentions regarding as to whether the matter ought to be referred to arbitration or not. All contentions in this regard are kept open. If an application under section-8 is made, the same shall be decided on its merits without being influenced by the impugned order. 4. The Writ Petition is accordingly disposed off.