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CA/5255/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 5255 of 2008
In
FIRST
APPEAL No. 2018 of 2007
=========================================================
WESTERN
RAILWAY & 1 - Petitioner(s)
Versus
CREATIVE
ENGINEERS - Respondent(s)
=========================================================
Appearance
:
MR
MUKESH A PATEL for
Petitioner(s) : 1 - 2.
MR KG SUKHWANI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 01/08/2008
ORAL
ORDER
Heard
the learned advocates for the parties.
By
this Civil Application, the applicant has prayed to stay the
operation, implementation and execution of the judgment and order
dated 19/2/2007 passed by the learned City Civil Judge Court No.11
in C.M.A. No.89 of 2007 to grant permission to raise and make the
demand for the counter claim against the respondent.
As
a result of hearing and perusal of the record, I am of the view that
the order passed by the Trial Court, not to recover the amount from
opponent, is just and proper. Applicant’s prayer for staying the
order of City Civil Court dated 19/2/2007 cannot be granted pending
the arbitration proceeding. It will amount to allowing the First
Appeal. Hence, the same is rejected. Regarding second prayer of
7(B), it will be open for the applicant to raise counter claim
before the concerned authority.
Civil
Application stands disposed of accordingly.
(K.S.Jhaveri,
J.)
(ila)
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