Gujarat High Court Case Information System
Print
SCA/15671/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15671 of 2005
With
SPECIAL
CIVIL APPLICATION No. 19127 of 2005
=========================================================
KANTILAL
MOHANLAL MEHTA - Petitioner(s)
Versus
TRADEMIN
INTERNATIONAL PVT LTD & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MEHUL S SHAH for
Petitioner(s) : 1,MR
SURESH M SHAH for
Petitioner(s) : 1,
M/S
THAKKAR ASSOC. for
Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 04/03/2008
ORAL
ORDER
Petitioners
are the original plaintiffs. They have challenged orders passed by
the civil court referring the disputes to the Arbitrator. However,
it may be noted that even before said order was passed, the
original-defendants had filed proceedings under the Arbitration Act
and requested for appointment of Arbitrator to the High Court. It is
not in dispute that in pursuance of such application, an Arbitrator
can to be appointed by an order dated 22.12.2005. It is also not in
dispute that pursuant to the said appointment, the Arbitrator is
hearing the proceedings and the proceedings are at fairly advanced
stage of hearing. Learned advocate Shri SM Shah for the petitioner,
however, submitted that the civil court had no jurisdiction to refer
the disputes to the Arbitrator. He, however, submitted that the
authority and power of the Arbitrator to decide the dispute is being
questioned by him and he will be addressing the issues before the
Arbitrator also.
Particularly
in view of the fact that the Arbitrator has been appointed under an
order of this Court pursuant to the application filed by the present
respondents, original-defendants and when the petitioners are raising
all legal contentions before the Arbitrator, at this stage, I do not
find any reason to entertain these petitions.
In
view of the above observations, the petitions are disposed of with
liberty to apply in case of difficulty in future. Notice is
discharged.
(Akil Kureshi, J.)
(vjn)
Top