1 CGHC010377172025 2026:CGHC:39450- DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA No. 202 of 2025 • M/s Pravesh Enterprises A Partnership Firm, Having Its Office Opp. Vaibhav Forice, Near Toll Plaza, Sunder Nagar, Raipur City, Tehsil And District Raipur Chhattisgarh Acting In The Permises Through Its Partner, Sri Anil Tiwari, Aged 65 Years, S/o Late Shri Ghanshyam Tiwari, R/o A House At Azad Chowk, Raipur City, Tehsil And District Raipur, C.G. ... Appellant(s) versus • M/s S.M.V. Beverages Private Limited A Company Duly Incorporated And Registered Under The Provisions Of Companies Act 1956 Having Its Registered Office At A-28, M.I.D.C. Industrial Area, Saoner District Nagpur (M.S.) 441107 And Principal Office At 26/30 Industrial Area, Urla Raipur City, Tehsil And District Raipur, C.G. Acting In The Premises Through Its Director Mr. K. Prabhakar Rao, Plot No. 26 And 30 Industrial Area Urla, Raipur, C.G. ... Respondent(s) For Appellant(s) : Mr. Shobhit Mishra, Advocate with Mr. Suraj Patel, Advocate For Respondent(s) : None. D.B. : Hon’ble Shri Parth Prateem Sahu, Judge Hon’ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Parth Prateem Sahu, Judge 09/09/2026 1. This appeal is filed against the order dated 03.07.2025, passed by the learned Second District Judge, Raipur, District – Raipur (C.G.), VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.09.11 11:31:34 +0530 2 whereby the learned Court below while considering the application filed under Order 7 Rule 11 C.P.C read with under Section 5 and 8 of the Arbitration and Conciliation Act, 1996 has directed the parties to resolve their dispute before the arbitrator. 2. After arguing for some time referring to the provisions under Section 8(2) of the Arbitration and Conciliation Act, 1996. When Court confronted the learned counsel for the appellant with the concluding paragraph of the impugned order that the learned Court below has already referred the parties to resolve their dispute by the arbitrator, he submits that he may be permitted to withdraw this appeal with liberty to avail the proceedings under the Arbitration and Conciliation Act, 1996. He however submits that liberty may be granted to raise all the grounds available to the appellant for redressal of his grievance. 3. In view of the submission made by learned counsel for the appellant, this appeal is disposed of with liberty as prayed for. 4. No cost. Sd/- Sd/- (Parth Prateem Sahu) (Ravindra Kumar Agrawal) Judge Judge Vaishali