JUDGMENT : Surjit Singh, J. CMP(M) No. 902/2010 1. No reply is intended to be filed. 2. Heard. Delay Condoned. Application stands disposed of. Civil Review No. 104/2010 3. Heard and gone through the record. 4. A suit was filed by the present petitioner for declaration and permanent prohibitory injunction, restraining the respondent, a finance company, from seizing a vehicle, which the petitioner had purchased after raising loan from it. An application was filed by the respondent in which it was stated that there was an agreement between the parties and that agreement contained an arbitration clause, per which matter was required to be referred to Arbitrator. Learned Civil Judge, in whose Court civil suit had been filed, passed an order on that application for return of plaint, under Order 7 Rule 10 CPC, holding that the matter was referable to arbitration. That order was challenged by filing a petition, under Article 227 of the Constitution of India, in this Court. That petition was disposed of vide order dated 15.3.2010, with the observation that the order of return of plaint, passed under Order 7 Rule 10 CPC, being appealable, right course for the petitioner was to have filed an appeal against the aforesaid order of the trial Court. 5. In the present review petition, it is alleged that order having been passed by the Civil Court on an application, u/s 8 of the Arbitration and Conciliation Act, moved by the respondent, appeal against that order is not permissible, in view of the provision of Section 37 of the Arbitration and Conciliation Act. 6. From a bare reading of the order of the trial Court, it is clear that the order is for return of plaint and it has been passed, under Order 7 Rule 10 CPC specifically, which is appealable, under Order 43 CPC. The order, which has been passed, is not for referring the dispute to Arbitrator and, so, it cannot be said to be an order passed, u/s 8 of the Arbitration and Conciliation Act, as is being canvassed by the learned Counsel for the petitioner. Factor for determining whether an order is appealable or not, in a situation like present one, is the nature of the order and not the application on which the order is passed. Consequently, review petition is dismissed.