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Judgment
This appeal has been preferred by the Appellant against the order dated 11th December, 2018 passed by the National Company Law Tribunal, Bengaluru Bench, Bengaluru, whereby and whereunder the application under Section 8 of the Arbitration & Conciliation Act, 1996 preferred by the Respondents has been referred to Arbitrator.
In the case of "Thota Gurunath Reddy and Ors. v. Continental Hospitals Pvt. Ltd. & Ors.-- Company Appeal (AT) No. 160 of 2017; [2018] 209 CompCas 518", this Appellate Tribunal has already held that against the reference of the arbitration, no appeal lies before this Appellate Tribunal under Section 421 of the Companies Act, 2013. Following the decision of the "Thota Gurunath Reddy and Ors. v. Continental Hospitals Pvt. Ltd. & Ors." (Supra), we dismiss the appeal being not maintainable. No cost.
We have mentioned that we have not expressed any opinion with regard to the merits of the case which may be raised before the appropriate jurisdiction.