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FA/14519/1992 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 145 of 1992
With
CIVIL
APPLICATION No. 7436 of 1996
In
FIRST
APPEAL No. 145 of 1992
For
Approval and Signature:
HONOURABLE
MR.JUSTICE C.K.BUCH
HONOURABLE
MR.JUSTICE H.B.ANTANI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
STATE
OF GUJARAT
Versus
SORATH
CONSTRUCTION CO. & ANOTHER
=========================================================
Appearance
:
MS TANUJA KACHCHHI, ASST. GOVT. PLEADER
for Appellant.
MR CHIRAG B PATEL for Respondent No.1.
NONE
appearing for respondent
No.2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 11/09/2008
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE C.K.BUCH)
Heard Ms. Tanuja
Kachchhi, learned Asst. Govt. Pleader for the appellant State. Mr.
Chirag Patel, learned advocate for respondent No.1, is absent when
the matter is called out. On behalf of Mr. S.B. Vakil, Senior
Advocate, it is submitted that he is now not appearing for respondent
No.1. None appears for respondent No.2.
On 04.09.08, it
was pointed out by Mr. Chirag B. Patel, learned advocate appearing
for respondent No.1 that the present appeal has become infructuous as
Arbitration Tribunal has started hearing the dispute referred to it
for the very subject matter. Thereupon, learned AGP sought time to
take instructions from the concerned department and the matter was
adjourned for this purpose.
Today, Ms. Tanuja
Kachchhi, learned Asst. Govt. Pleader appearing for the appellant has
placed before this Court xerox copy of a communication addressed to
the Government Pleader’s Office by Executive Engineer, Irrigation
Project Division, Modasa to the effect that the entire matter is
pending before the Arbitration Tribunal, Ahmedabad and the Reference
is being tried as TAR No. 36 of 1997 and there is no need to
prosecute the First Appeal further. Xerox copy of the said
communication is ordered to be taken on record.
In view of the
above written instructions, Ms. Tanuja Kachchhi, learned AGP states
that the appeal has become infructuous and the same may be disposed
of accordingly.
In the result,
this First Appeal stands disposed of as infructuous.
It is, however,
clarified that disposal of the present First Appeal shall not come in
the way of any of the parties in the proceedings before the
Arbitration Tribunal bearing No. TAR 36 of 1997.
The Record &
Proceedings be returned to the trial Court forthwith.
In view of the
above order passed in the main First Appeal, the Civil Application
does not survive, and the Civil Application stands disposed of
accordingly.
No order to costs
in any of the matters.
[C.K.BUCH,
J.]
mathew
[H.B.ANTANI, J.]
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