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SCA/902820/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9028 of 2008
==========================================
MANSI
DEVELOPERS - Petitioner(s)
Versus
BHAVNAGAR
PARSI ANJUMAN & 7 - Respondent(s)
==========================================
Appearance
:
MR PANDYA
WITH MR DIPAK R DAVE for Petitioner(s) : 1,
None
for Respondent(s) : 1 - 8.
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/11/2008
ORAL
ORDER
1. Heard
Shri Pandya, learned advocate with Shri Deepak Dave, learned advocate
appearing on behalf of the petitioner.
2. What
is challenged in the present Special Civil Application is the order
passed by the learned trial Court not raising the preliminary issue
whether the dispute is required to be referred to the Arbitrator or
not. It is very unfortunate that Miscellaneous Civil Application
No. 71/1994 for appointment of Arbitrator and/or sending the dispute
to the Arbitration is pending since last fourteen years before the
learned trial Court.
3. Under
the circumstances and without further entering into the merits of the
case, the present Special Civil Application is disposed of directing
the learned trial Court to decide and dispose of Miscellaneous Civil
Application No. 71/1994 at the earliest but not later than
30/06/2009. The learned trial Court is directed to see that the said
application is decided and disposed of on or before 30/06/2009
positively in accordance with law on its own merits and in any way
being influenced by the impugned order. All the parties concerned
are directed to co operate with the learned trial Court for early
disposal of the aforesaid application on or before 30/06/2009. The
learned Principal District Judge, Bhavnagar is directed to see that
the aforesaid direction is complied with by the learned trial Court.
4. With
this, the present Special Civil Application is disposed of.
(M.R.
SHAH, J.)
siji
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