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SCA/10741/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10741 of 2010
=========================================
BHARAT
PETROLEUM CORPORATION LIMITED
Versus
INDUBEN
LAXMANBHAI DUDAKHIYA PROPRIETOR UTSAV PETROLEUM
=========================================
Appearance
:
SINGHI & CO for
Petitioner
MR PB KHAMBHOLIA for MR NK MAJMUDAR for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 08/10/2010
ORAL
ORDER
[1] Mr.P. B.
Khambholia, learned advocate for Mr.N. K. Majmudar, learned advocate
for the respondent has, after specifically receiving express
instruction from his client i.e. respondent, has submitted that the
impugned report submitted by the Commissioner, who was appointed by
virtue of the ex-parte order dated 30th August, 2010
passed by the learned trial Court below Ex.9 would not be referred to
and / or relied upon and / or cited for any other purpose whatsoever,
either in the suit proceedings or in the proposed arbitration
proceedings. He, however, requested that liberty may be reserved to
the respondents to move appropriate application in future seeking
appointment of Commissioner for the same purpose, either in the suit
proceedings or, if permissible in law, before the learned Arbitrator.
[2] In view of the
aforesaid statements stipulated by the respondent that the report
dated 7th September, 2010 prepared and submitted by the
Court Commissioner pursuant to the order dated 30th
August, 2010 will not be cited and/or used and/or relied upon for any
purpose whatsoever in the suit proceedings or proposed arbitration
proceedings, the present petition is disposed of as not pressed. It
is also clarified that it would be open, if permissible in law, to
the respondent to make fresh application, in accordance with law, for
appointment of Commissioner either during the suit proceedings or in
the proposed arbitration proceedings. If such application is made,
the same shall be considered in accordance with law and after hearing
the concerned parties and without being influenced by the earlier
order dated 30th August, 2010. Such application would be
considered having regard to the application presented by the
petitioner under Section 8 of the Arbitration Act.
[
K. M. THAKER, J. ]
vijay
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